Introduction

In this paper I will apply the elements of tort of negligence and defenses and apply the elements of vicarious liability in different business situations.

Applying the elements of tort of negligence and defences

According to elements of tort of negligence and defences I will explain if there is a contact, how the law applies, can someone sue in scenario 4.

Case of Miss Z, Mrs X and Mrs Y

Miss Z is the owner and manager of health and fitness centre and runs a high energy aerobic workout. On Thursday a large portable CD player which she usually uses was not working and she decided to use extension cable along the floor across the door used by the customers. Mrs X bought her friend Mrs Y a ticket and took her to the fitness centre. Mrs X nearly trips over the wire and she claims about breaching of duty of care and wants to sue. She cannot sue Miss Z because there was no damage to her. Then Mrs Y tripped over the wire and broke her wrist. She also wants to sue and she can do it, but only for her wrist. She cannot sue Miss Z for the ticket because she was not a party of the contract – it is the same situation as Donoghue v Stevenson 1932 when one fried bought a bottle of beer to another friend.

Case of Mrs Y and Miss Z

Mrs Y has to cancel a contract she had to carry out four days work worth £400 because of the injury she got in the fitness centre. And she wants to sue Miss Z for that financial loss as well as for any future work she may lost because her rival took the contract over and has secured more work worth £2,300. According to the law, she can claim £400 because this loss was because of Miss Z, but she cannot claim for future profit. To confirm Mrs Y`s rights Miss Z can use Muirhead v Industrial Tank Specialities Ltd case.

Case of Mr W and Miss Z

One day Mr W came to the fitness centre to lose some weight and while doing exercises he felt pain in his chest. Miss Z to continue doing because he should “feel the burn”, but she said that about muscles. Later Mr W met heart problems and he wants to sue. I can say that Mr W and Miss Z did not know each other before. From first sight Miss Z could understand that Mr W is vulnerable because he is unfit and this opinion of Miss Z was based on her experience and particular skills. She breached the duty of care because Mr W was a new client and Miss Z did not find out anything about his health. That is why Mr W can sue Miss Z.