The paper "The Legal Environment and Business Decisions" is a perfect example of a business assignment. According to business law Negligence is when a person or a business entity fails to use reasonable care which leads to harm or injury to another party which is usually a customer. The main aim is to achieve compensation for injuries or accidents. It is a form of the legal obligation between two or more parties whether a contract exists between the two or not. It may be ordinary negligence or Gross negligence.
Ordinary negligence is when an entity shows slight responsibility while gross is when an entity is completely ignorant and does not show any diligence at all. It may be unintentional, reckless or wanton. It is in two aspects, either one does something which someone reasonable wouldn’ t do or one fails to take reasonable action which would prevent injury or harm. 1 In this case, the guards did something unreasonable. They pushed a passenger onto a moving train. Again, they did take reasonable action again this man who was clearly travelling with a parcel containing fireworks.
Negligence has a couple of elements that need to be considered before one concludes that Palsgraf has a remedy for negligence. The first one is a duty, the operators of the railways have the duty of ensuring that the area of business is very secure for its customers and in this case the customer is Palsgraf because she was waiting for a train to pull in. It was the duty of the two railway guards to take prudent and reasonable steps to protect Palsgraf as the customer or user of the railway station.
The railway guards were required to exercise care to protect her from any potential injury that they could have foreseen to be probably present in the railways. First of all, the guards either did not check the man’ s parcel or maybe they did and ignored what was in. Either way, they put not only palsgrave in danger but other passengers in as well. It is not right for anyone to be travelling with fireworks. In addition, the train which the man carrying the parcel was supposed to travel in was in motion; the guards had no right to push the man onto the train.
REFERENCEH. GERALD CHAPIN, HANDBOOK ON THE LAW OF TORTS § 105, at 501 (1917) ((1) duty, (2) breach, and (3) resulting injury); HALE, supra note 4, § 227, at 449 (1896).