Saturday, June 15, 2019
Commercial Law Case Analysis Study Example | Topics and Well Written Essays - 750 words
Commercial Law Analysis - Case Study ExampleThe pretend point on the ground should guide been with fine beach sand. In this case, this was not to be found. The ground was semi-hard to hard up to a height of 0.3m and harder beyond this height. A series of studies were done to find out whether the hardness of the imp functioning surface could have any effect on the damage done to his skill. The research did stir that this was true. The harder the surface, the damage is hard. There should have been beach sand in the pit at least up to a depth of 0.3 m. This was not to be found. The responsives reasonableness for his head having to impact the ground first was also found to be not in consonance with the scientific evidence at hand. There is a possibility that the Respondent was traveling upside down for such a large impact to happen. At the trial court, the trial Judge offered compensation to the Respondent and held valid the claim that the damage to the Respondent is due to the negl igence of the City. The City has moved the appellate court subsequently as an appeal over the finish made by the trial court. Summary of Decision The Judges in the Appeal court considered the following stance and the facts above to come to a final stage on the case 1. The Judges found that this was a case under the causation principle. The Appellant, in this case, is liable only if the damage is caused by the negligent act of the Appellant of the case. And it is the onus of the Respondent to prove that the act did cause the damage.2. The negligent act of the Appellant need not be the sole cause of the damage. It could have materially contributed to the loss or damage to the Respondent.
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