Business Law and Ethics for Future and Fiction - MyAssignmenthelp

Question: Discuss about theBusiness Law and Ethics for Future and Fiction. Answer: For Skye to successfully take action against Charlene for her alleged negligence action, she is required to provide the necessary evidence illustrating duty of care that her instructor owes her. (Mathiason, 2013, 880). Below is a discussion of the issues, correspondent laws, appliances, and wind up statements regarding Skyes action against Charlene. Law of Negligence Negligence, according to Robertson (2013, 31) refers to a presumption whereby a party is considered responsible for occurrence of accidents or injuries which may be averted. An individual is bound to be responsible for negligence action, especially if the defendant consciously refuses to take precautions care, so as to avoid injury and damage caused to people under their care and supervision. Negligence claims requires provision of substantial evidence brought forth by the plaintiff legally proving that the defendant undoubtedly needs to perform the duty of care (Murgatroyd et al 2016, 1). The four major steps essential in providing substantial evidence of perpetrated negligence includes the following: The plaintiff must be able to bring forth solid proof that the circumstance they have been put in has the need for a duty of care owed by the accused. It must also be proven that the defendants actions deprived the plaintiff of the required standard of care which would have been fulfilled by a normal individual if put in a similar circumstance. The plaintiff should be able to provide proof that their damages would have been foreseen hence prevented by the defendant (Law, 2014, 127). The key cause of injury is a result of breaching duty by the defendant. Does Charlene owe Skye Obligation of Care? Obligation of care is a stated duty under law where individuals are expected to perform and conduct themselves in a way that causes no damage to individuals under their care (Pagura, 2015, 254). Naturally, the duty of care will be believed as to be carried out by family, relatives or people close to someone. According to the law of negligence, the duty of care is to be performed by any individual with a social responsibility of ensuring other people's safety, whether close or not. Charlene, being Skye's yoga instructor, acts responsibly in going an extra mile to provide her students with rubber soled socks to prevent them from unnecessary falling and injuries. She is keen to note that the floor of the hall she hired to hold yoga classes is slippery and cannot sustain the yoga moves. Most importantly, Charlene is able to note that larger student groups are not east to supervise without injury cases. Prior to this issue being noted, Charlene makes a risky choice of inviting her students for a free Thursday lesson to compensate for the lost time. As it is expected, the students turn up was greater than usual. The 45 students are contained in the same hall which was initially concluded to have limited space that can comfortably accommodate a maximum of 25 yoga students. Charlene should have thought of the dangers she has been exposing her students to by placing the tea urn in the same room of yoga participation. Since yoga is known to involve vigorous movements, the tea urn should have been kept in a separate place to avoid accidents of burning or tipping over the urn or table. Most importantly, on that day when the student turn up was larger than normal, Charlene would have been wise as to divide the class into half so that she could deal with the first group then the next in turns without having to compete for space. It will be right to subject the instructor to owe a duty of care to Skye because the tea urn would not have originally been placed near the practice area. Did Charlene Breach her Duty of Care by not being able to Satisfy the Required Customary Care? Breaching of duty can be related to circumstances whereby a defendant fails to do something responsibly compared to a normal individuals behavioral response if put in a comparable condition (Iacobucci, Trebilcock, 2016, 175). Standard of care on the other hand is the degree of caution taken to prevent a person under a duty of care from harm's way (Barravecchio, 2013, 5). Charlene is responsible enough to purchase rubber soled socks to prevent her students from falling and hurting themselves. She is also concerned with the space of the hall and therefore opts to admit a lesser number of students so she can provide equal attention to all. On the particular day when the student turn up was 45, 20 more than usual, the yoga instructor failed to meet the required standard of care. She accommodates all the students in the same hall well aware of the dangers inherent in her choice. The limit of space in the hall is what causes Skye to look for an alternative position at the back where she has limited space for movement. It is obvious that the instructors attention was majorly focused more on the students at the front than those at the back. This way she could not easily notice that one of her students was not wearing her socks. Can Charlene Depend on the Argument of Voluntary Assumption of Risk? Voluntary risk assumption illustrates the protective action, taken by a defendant so as to prove the voluntary involvement of a plaintiff knowingly assuming likely risks as a result of their action (Bant Bryan, 2015, 427). Risk assumption by the plaintiff if proven by the defendant will reduce the right of compensation for damages and injury caused. Generally, the assumption of risk explains that a plaintiff very well aware of the dangers they are exposing themselves to goes ahead to indulge in the risky action (Goudkamp, Klar, 2016,849). In the particular incident where Skye decides not to wear the provided dancing socks with the thought that the socks did not match her hot pink outfit, she knowingly chooses to go against her teachers instructions. Moreover, Skye makes a grave mistake of attending the yoga classes under alcohol influence. She must have known that alcohol will most likely affect her normal judgment but she blindly assumes the dangers she was exposing herself to. Additionally, Skye arrives late for her dancing lessons and cannot occupy her original space. She is left with no choice but to find a different space which is much less than her normal space. I would argue that it is Skyes fault that she could not occupy her normal space in the hall due to her lateness. If she knew she was going to attend yoga classes, she should have prepared early for class and avoid attending the after party. In addition to her lateness, she ignores the risk of indulging in the yoga class under alcohol influence. Despite the fact that Charlene had not fully explained the need of wearing the socks throughout the dancing lesson, it was a mandatory requirement for all students to wear the socks. If only Skye would have considered all the stated facts, she would have prevented the risk of getting burnt at the yoga class. Were Skyes Injuries Caused by Charlenes Actions? In the law of negligence, before a plaintiff decides to seek legal action for implied negligence, there should be available proof that their damages are resultant from the defendants negligent actions (Turton, G 2015, 80). It is also vital to reflect on the actual circumstance that led to the injury. Was it anticipated by the defendant or it unexpectedly happened (Law, 2014). Before Skye proceeds to take action against Charlene, she must avail proof stating that her burn resulted from the accuseds negligent action. Skye's skin is seriously scolded when her foot tips the table on which a tea urn and steamer are on. This causes the appliances to topple over her body resulting in the severe burns. Partially, it is Charlenes fault that Skye gets involved in the accident. She should have looked for an alternative area to place the urn and steamer, considering the limit of space in the hall. It is also Skyes fault that she skid for ignoring to wear the provided rubber-soled socks. Additionally, Skye who had consumed three glasses of wine might have had affected vision as a side effect of drinking wine. It is only right for both Charlene and Skye to be held responsible for their actions. Hosting of a large number of students overshadows Charlene's capability to efficiently supervise the students. Moreover, Charlene knowingly accepted to host all the 45 students well aware of the great difficulty of management she subjects herself to. If only the students would have been the normal number, the instructor would have been able to notice that Skye was not wearing the socks as instructed. This observation would have helped Charlene to take necessary action on her defiant student. On the other hand, if only Skye was obedient enough to put on the socks and not to put priority in her fashion sense, she would have refrained from skidding into the table. If also she avoided drinking wine before her classes, she would have been more alert. It is most likely that the wine caused her to have impaired judgment and bodily imbalance causing her to unwillinglyskid into the table. References Bant, E., Bryan, M. (2015). Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel. Oxford Journal Of Legal Studies, 35(3), 427-452. Robertson, A 2013, 'On the Function of the Law of Negligence', Oxford Journal of Legal Studies, vol. 33, no. 1, pp. 31-57. Barravecchio, JA 2013, 'The Tort Of Negligence', Legaldate, vol. 25, no. 4, pp. 4-7. Bohlen, FH 1906, 'Voluntary Assumption of Risk', Harvard Law Review, vol. 20, no. 1, pp. 14-34. Goudkamp, J, Klar, L 2016, 'Apportionment Of Damages For Contributory Negligence: The Causal Potency Criterion', Alberta Law Review, vol. 53, no. 4, pp. 849-862. Iacobucci, EM, Trebilcock, MJ 2016, 'An Economic Analysis Of Waiver Of Tort In Negligence Actions', University of Toronto Law Journal, vol. 66, no. 2, pp. 173-196 Law, T. (2014). Case Note: O'Mara v Air Canada 2013 ONSC 2931. Travel Law Quarterly, 6(2), 127-131. 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