Teaching Business Law with an Awesome First Day
A week ago, I opened my e-mail and at that time, there was an e-mail from an offering from a student who wants to study business law. Of course, I am happy because I can sharpen my knowledge about business law.
I contacted him via a non-WhatsApp number. And at that time, his Mother accepted my calling and introduced herself as his Mother. He told me that he should call his son and asked him to contact me.
In the afternoon, I received an introduction from a student who had contacted me via WhatsApp. Before the first lesson, I asked him to introduce himself, and he said that at this time, this student is studying business at a campus affiliated with an Australian campus.
At the first meeting, on Sunday night, I started the first meeting. After introducing myself I also gave the material subject but he replied that he had his material from his campus.
And this is a summary that I have worked on ;
Torts, and the Tort of Negligence
Negligence;
Failure to take proper care that a reasonable person would exercise in a similar situation
Negligent;
The person who commits a careless act that creates harm to another person Negligence has three key characteristics
1. The action is unintentional (“I didn’t mean it, it was an accident!!”)
2. The action is not planned (“I didn’t plan for this to happen!!”)
3. Some type of injury is created. In this unit, we will examine three types of injuries:
1. Physical, psychological or damage to property
2. Purely economic or financial
3. Purely economic or financial loss caused by giving negligent advice or information
The action for negligence is an action for damages (or compensation) brought by the injured person (the plaintiff) to the negligent person (defendant).
The neighbour test has two elements:
First element:
People owe a duty to take reasonable care not to injure their ‘neighbours’
Who is your neighbour?
‘…persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’
The neighbour test has two elements:
First element:
People owe a duty to take reasonable care not to injure their ‘neighbours’
Who is your neighbour?
‘…persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’
Second element:
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
This means you must take reasonable care to ensure you do not cause reasonably foreseeable harm that you may likely cause to your neighbour if you are negligent!!
Confused? Ask yourselves these two questions:
1) Do you expect your neighbour to cause you a loss, harm or injury if they were negligent?
If your answer is yes
2) Are these types of losses reasonably foreseeable?
Yes, This is called vicarious liability.
In a workplace context, an employer can be vicariously liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.
Example: A delivery man riding unlawfully and hitting a person during his employment which leaves the person injured (Hollis v Vabu Pty Ltd)
However, an employer is not generally responsible for the negligent acts of an independent contractor because the employer has discharged or delegated his/her responsibilities by hiring an independent and qualified contractor to act in his/her place.
Today we examined:
The law of tort generally
The common law tort of negligence
The main elements
Duty Of Care;
Breach of the Duty Of Care, and
Damages
Final Thoughts
I enjoyed teaching, and as I stated earlier in the story at the beginning, I will be able to get a sharpening my knowledge on the subject of business law.
Reference;
T1 — Launching Your Business Law Course With an “Awesome First Day!”
@book{abdullah2018hukum,
title={Hukum Bisnis: Penerapan Hukum Asuransi Kerugian terhadap perlindungan Resiko E-Commerce Berbasis Portal (Indonesian Edition)},
author={Abdullah, S Saiful and Sari, Hastuti Indra},
year={2018},
publisher={PT. Mandiri Nirizindo Utama CO.,}
}
MCD2070 BUSINESS LAW, WEEK 1Torts, and the Tort of Negligence
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Lecturer, Trader and Traveler
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