You have read various topics related to Business Law. The readings have varied,

Question

You have read various topics related to Business Law. The readings have varied, covering issues from courts and alternative dispute resolution, to business torts as well contract formation and performance. This essay assignment asks you to analyze issue drawn from your readings. WHAT GENERAL PRINCIPLE UNDERLIES THE COMMON LAW DOCTRINE THAT BUSINESS OWNERS HAVE A DUTY OF CARE TOWARD THEIR CUSTOMERS? DOES THE DUTY OF CARE UNFAIRLY BURDEN BUSINESS OWNERS? WHY OR WHY NOT? WHERE CAN AN INJURED BUSINESS INVITEE FILE HIS/HER LAWSUIT?

Write an essay at least 2 pages relate that questions in the above

Explanation / Answer

Answer:

The general principle under the common law doctrine is a company that makes a product has a duty of care to the consumers who buy and use it. This duty includes a duty to make the product reasonably safe for use and to provide warnings about any dangers the product has.

In most tort situations, the duty of care is the duty to act as a reasonable person would act. In real life, the “reasonable person” does not exist; he is a creation of tort law, used to measure whether a real person’s actions match up to what the reasonable person would have done. The imaginary reasonable person always pays attention and acts carefully. He considers the possibility that someone will get hurt by his actions and chooses the safer course if there is one.

But, this does not mean that duty of care is unfairly a burden on business owners, not at all. Businesses are meant for people and if it is not taking care of people what should be the purpose of such businesses and are acting in someone’s interest as a completely selfish thing. And this is not a rocket science to oblige towards its duty of care. It is an act of business which a reasonable / sensible person will do to avoid harm to its customers from his activities.

Failing to live up to the duty of care is known as a breach of duty. In tort cases, proving both that a duty exists and that it was breached are required. One person can only be liable to another if he had a duty to act with reasonable care toward the other person. Injured business invitee can file lawsuit is allocated jurisdiction area which has many different legal implications.

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