INTRODUCTION TO LAW FOR ACCOUNTANTS Case Study Example | Topics and Well Written Essays - 750 words

INTRODUCTION TO LAW FOR ACCOUNTANTS - Case Study Example In reference to the case given, the concerned law is the ‘law of tort’. Tort can be defined as a civil wrong for which the remedy is a common law action for liquidated damages, and is not exclusively the breach of a contract. The case before me falls under the law of tort. Therefore, negligence means the breach of duty caused by the omission to do something, which a reasonable person would do or doing a thing which a reasonable person would not do. In order for a victim to succeed in a case of negligence, he/she has to prove three things. One of the key aspects to prove is that, there was an unlawful act or omission by the defendant, also known as tortfessor. Secondly, there must be a legal damage to the victim/the plaintiff, and finally, the wrong must be of such a nature as to give rise to a legal remedy in the form of an action for damages (Bromwich and Hopwood, 1992, p. 56). Failure by Rodney to slow down was a commission of an act that a prudent person ought to have avoided. As a result, Daisy suffered physical injuries; further, the migraine, which she had been suffering from started re-occurring more frequently, and more severely. Therefore, it is advisable for Daisy to institute a civil suit against Rodney for damages caused, as a result of his actions/inactions. Zahid, Rodney’s friend, who also suffered physical injuries as a result of the accident, is also entitled to legal remedy. This is because Rodney had a duty to drive slowly, but chose to over speed thus causing an accident. Awais, who was being rushed to hospital, could have been saved had he arrived in time; however, the accident caused by Rodney caused a heavy traffic that delayed Awais from making it to the hospital in time, and thus his legal right to access medical attention promptly was infringed. If Rodney could have exercised ordinary care and skill, the accident would not have occurred. In my opinion, therefore, Awais is entitled