Law in Business Essay Example | Topics and Well Written Essays - 2000 words

Law in Business - Essay Example ding health and safety in the workplace, in order to determine whether a claim should be brought for breach of the legislation instead of a simple claim in negligence. After examining all of the above it should be possible to reach a conclusion with regard to the potential claims of each party, and to advise them on the prospect of bringing a successful action against the employer. In bringing a claim for negligence the plaintiff has to demonstrate that the respondent owed them a duty of care1 and that as a direct result of a breach of that duty they have suffered financial loss or injury. One of the key factors used by the courts in assessing liability is the foreseeability of the event. The court will analyse the circumstances of the incident and then determine from there, whether the respondent ought to have foreseen the outcome, or should have anticipated that such an event might occur. Duty of care was first addressed in Donoghue v Stevenson2. As a result of this case the neighbour test came into existence. This case was important because it established the right of the applicant to bring an action against a manufacturer rather than against the retailer. In recent times the courts have altered the principle into the proximity test. This test was used by the courts in Heaven v Pender3. The plaintiff in this case was able to persuade the court to hold the employer liable for not providing a safe working environment for the plaintiff. The court held that the staging and ropes were not it to be used, and that as a result of that the plaintiff was involved in a serious accident. In summing up Brett MR made the observation that whenever one person is by circumstances placed in such a position with regard to another, that every one of ordinary  sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty