TORT LAW PROBLEM

 

1. Elurra owns Stagz!, a nightclub which frequently hosts intimate concerts by well- known singers who want to test out new material. Lumi and Sne attend a SingerX concert at Stagz!. As they are leaving there is an explosion. Lumi and Sne are both knocked unconscious by the force of the blast.
Neve, an off-duty paramedic employed by Lake Ambulance Service, witnesses the explosion and calls 999 to report the incident. Sneg, the Lake Ambulance Service call- handler, tells Neve that ambulances will be dispatched but that the police must declare the area to be safe. Sneg tells Neve not to provide any first aid until this has happened.
Neve decides to ignore Sneg’s advice and rushes over to check the extent of Lumi and Sne’s injuries. As Neve begins to resuscitate Lumi, there is a second explosion. Neve, Lumi and Sne are all covered with small shards of glass. Sne’s designer watch is badly scratched. Shortly after the second explosion, an ambulance arrives. Lumi, Sne and Neve are transported to Lake Hospital.
Sadly, Lumi dies on the way to hospital.
Sne requires surgery for a fractured wrist. The surgeon – Dr Qar – accidentally cuts a tendon which means that Sne has to spend an extra six weeks in plaster.
Neve is uninjured but starts to suffer nightmares, becomes very depressed and is unable to work.
A report carried out after the incident reveals that the explosions were caused by an electrical fault which was not detected because Elurra, anxious to save money because of soaring energy bills, decided to carry out some electrical repair-work without getting it checked by an electrician.
With reference to relevant case law and legislation, analyse the potential claims which arise from this scenario.

Sample Solution

In this scenario, there are several potential claims which may arise. Firstly, Sne may have a claim against Elurra for negligence due to the fact that they failed to get their electrical work checked by an electrician (Caparo Industries Ltd v Dickman [1990]). This is because Elurra had a duty of care to ensure the safety and wellbeing of their customers. However, it can be argued that if Elurra did not possess sufficient knowledge or experience to identify the risk then they cannot be held accountable for any harm caused (Hedley Byrne & Co Ltd vs Heller & Partners [1964]). Secondly, Neve could pursue a claim against Lake Ambulance Service as Sneg’s advice not to provide first aid was negligent which resulted in Lumi’s death (Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4). Lastly, Sne could bring forth action against Dr Qar as his negligence during surgery led to additional injury and suffering in regards to her wrist (Nettleship v Weston [1971] 3 WLR 370). In addition, all three parties may also have claims under The Consumer Protection Act 1987 as well since it covers damages caused by products which do not meet safety standards (Consumer Rights Act 2015).

Overall, this scenario has multiple legal issues associated with it ranging from negligence and liability concerns up until breach of consumer protection laws. Therefore if any party wishes file suit against one another they must establish proof that other individual or organization was aware or should have been aware about hazard present prior actions taken place thus making them liable for compensation resulting from incident described above.

Froth for Care can likewise mark work by client experience – this is where the ideal interest group sees item quality, practical advantages and brand picture as guaranteed. By making the client the main part of the brand, center is set around the plan and convenience of items to drive brand system.

As featured by researchers like Keller (2001), building areas of strength for a with huge value will have a scope of extraordinary advantages, including client dedication, less weakness in the cutthroat market, and expanded showcasing correspondence viability. As examined above, Froth for Care position themselves as quality driven and industry driving – building a brand in light of this physical make-up improves FFC’s validity with clients, and in the medical services industry. As this validity constructs, it likewise adds acknowledgment, dedication and seriousness. In the event that an organization is notable and trusted, a deal is undeniably more probable.

b) Outside Correspondences all through the Item Lifecycle
Used to portray the life expectancy of an item, the item lifecycle (PLC) has four particular stages: presentation, development, development and decline. Basic factors that drive the elements of PLC remember change for innovation and change in customer tastes (Award, 2013). Each stage is related with an adjustment of the item’s showcasing position, so contrasting promoting systems are required on the grounds that upper hand is connected with various key achievement factors (Cox, 1967).

For Froth for Care, unique item ‘Tri-flex’ can be thought about while breaking down the PLC. For setting, Tri-flex is a three-section sleeping pad – created to both forestall the turn of events and help the treatment of tension ulcers in all day, every day use bed patients.

The presentation phase of an item’s life cycle is a valuable chance to construct a familiarity with an item in specific business sectors. In the medical services industry, building trust and believability among key influencers is significant. As examined by Goranova (2016), to win customers’ trust, it is generally beneficial for an organization to put primarily in advertising. This will include huge correspondences in regards to achievements – clinical preliminary outcomes, funding and new organizations. The interest groups (wholesalers, end-clients, financial backers) will shift, thus this will include expanded individual selling endeavors – furnished with a cost skimming system, to address the item’s development and selectiveness available.

During the development phase of the item’s life cycle, the interest develops and the opposition increments. Therefore, special push will move from making mindfulness towards empowering rehash buys and brand inclination (Blythe, 2009). This can be accomplished through a scope of showcasing strategies like exchange magazine commercial, introducing a full help and all inclusive bundle with the item – like supporting gear, and a no commitment item preliminary assistance. This is an instance of upgrading esteem through the increased pr

This question has been answered.

Get Answer
WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, Welcome to Compliant Papers.