Business Law Essay Example | Topics and Well Written Essays - 2750 words

Business Law - Essay ExampleF12A (Meaning of dangerous driving) further states For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if) (a) the agency he drives falls farthermost below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous (legislation.gov.uk). Moreover, section 131A (Compensation in respect of suspension) of the Road Traffic Act (1988) states The Secretary of State must by regulations make a system of rules for the making of payments by the Secretary of State to persons (legislation.gov.uk). He is offering expediency for a cost to prospective clients which is a contract implied and this comes at a lower place the purview of Consumer tribute Act. The Transport Company has the obligation of taking care of the passenger safety. Persons driving any type of vehicle are to harbor to be insured under Road Traffic Act 1988, UK (legislation.gov.uk). Though the driver applied brakes to avoid hitting a lorry, it was the duty of the driver to notice the lorry well up in advance and bring the vehicle under control, which could have averted applying brakes instantly. The passengers can make their claim against the drivers insurance company. ... The passengers also have their responsibility of not violating the instructions during a journey and insist that the children should be restrained to the seats with adequate safety measures (Williams and Zador 69). This can be applied here also. 1. b) 17 Hastings L.J. 165 (1965-1966)Enterprise Liability Some Exploratory Comments Steffen, Roscoeopines that the action of the employer is responsible for(p) for the employee action or the product. The proof of a defective service provided by any service provider to the consumer, is sufficient to claim compensation. Hence, in this case the Lancung Transport shall also b ecome liable for the action of the driver. According to the proprietor Liability Law this can be grouped under vicarious liability (hse.gov.uk). Annex to Paper HSC/04/131 of the Health and Safety Executive UK, part 13, states In summary, the Health and Safety Commission has not therefore achieved aim of denying all third parties the right to bring civil claims for a breach of duty enforce by health and safety regulations. Further, and for the reasons out below, employers could be vicariously liable to third parties for an employees breach of statutory duty under regulation 14 (hse.gov.uk). The Transport company can be held liable for the action of the driver, who is an employee working for the principal. The company or the employer is liable for the mistakes committed by its employees. The company can be held responsible either jointly or severally for the negligent act of the employee who is on their employment chart, under the doctrine of respondeat superior (Larson). As per this doctrine, an employer shall become responsible for the actions of the employee within the purview of their