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Legal Issues for Managers

In: Business and Management

Submitted By Zubi
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Legal Issues for Managers

Legal Issues for Managers: Potential Liabilities

The object of this essay is to advice on potential liabilities of Cena, Rock, Kofi and Punk.
First and foremost delivery driver Cena failed to check his trailer was properly coupled to his truck. While driving the trailer detaches, rolling down hill colliding with Rock, a motorcyclist. Due to Cena’s negligence Rock, not wearing a crash helmet suffered severe injuries and damages to his body and motorcycle. Per Lord Atkins “we owe a duty of care if it is reasonable to foresee that another person might suffer damage as a result of our act or omissions”. (Lord Atkins)
Rock may state, surely Cena had a duty of care to ensure his vehicle was suited for purpose. Nevertheless, since Rock was not wearing a helmet, Cena may argue that Rock is liable for some of his injuries.
Comparably under the case of Smith V Leech Brain & Co Ltd and Another [1962] All Er 1159, Smith incurs fatal injuries when molten metal burns his lips, leading to cancer and eventual death. This being said, Smith “already had a pre-malignant condition”. The defendant argued, “Smith may have contracted cancer due to his condition, regardless of the accident”. (Smith V Leech Brain, 1962) Conversely, but for the burn, Smith may have never developed cancer. According to Thin Skull Rule “a defendant is liable for the full extent of the victim's injuries even if, due to some abnormality or pre-existing condition, the victim suffers greater harm as a result of the defendant's actions than the 'ordinary’ victim would suffer.” (Finch, E and Fafinski, S, 2007)
All things considered the verdict deemed Leech Brain negligent. Relatedly in the situation of Rock V Cena, evidence gathered indicates Cena to be most likely liable for the injuries and damages to Rock and the motorcycle.
Furthermore, Kofi, driver of a...

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