BUSINESS LAW
Business Law: Case Law Analysis- Tort Law
Step 1: Information Literacy Skills
Parties before the court: Wael Musa (Plaintiff) vs. Carleton Condominium Corporation no. 255 (Defendant) (CanLii, 2022)
Date of decision: 18-27 October 2021.
Court: Superior Court of Justice- Ontario.
Step 2: Summarizing Facts
The incident occurred in December 2016 when the plaintiff fell off the slippery area outside the roadway of a condominium in Ottawa (Berman, 2022). The accident resulted in his ankle fracture during the first snowstorm in the region. The plaintiff sued the defendant, asserting that the Contractor should have been more careful in spearing salt on the road. The plaintiff believed it was an unreasonable time to spread the salt, showing a negligence tort that came out as an accident (Raz, 2010). The challenging circumstances of the weather should have been prudently analyzed before applying salt and not making it dangerous for the pedestrians.
The court ruled for the plaintiff as the engineering expert explained that the snow surface and pavement should have been a major concern for the Condominium Corporation. Spreading salt at a busy time for the pedestrian was not taken into account, causing ignorance on the Corporations part. The delay in salt application after the snow storm happened was a liability on Corporations part, particularly when it was about the safety of the residents and other citizens passing by.
The positive impact of negligence tort law would be an increased awareness for the business about the safety of pedestrians and citizens....
…manner in terms of time management. The spreading of salt hours after the snowstorm was an intelligent decision that needed to be taken as a duty of care, not negligence.Step 4: Impact of Legal Case on an Organization
A legal case magnifies the organization and not only the party since a companys reputation is at stake. A firm like Carleton Condominium Corporation would never want that legal cases drag it to the courts door and make it to the headlines. There would be a loss of their contracts, and business-to-business relations would be ruined when no other company would want to sign contracts with them. Hence, the case drastically changes the graph of success for the organization as a whole rather than a…
References
Berman, D. (2022, May 18). Musa v. Carleton Condominium Corporation no. 255 et al., 2022 ONSC 1030. https://otlablog.com/musa-v-carleton-condominium-corporation-no-255-et-al-2022-onsc-1030/?utm_source=rss&utm_medium=rss&utm_campaign=musa-v-carleton-condominium-corporation-no-255-et-al-2022-onsc-1030
CanLii. (2022, February 14). Musa vs. Carleton Condominium Corporation no. 255 et al. https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1030/2022onsc1030.html?resultIndex=1
Green, M.D. (1997). Statutory compliance and tort liability: Examining the strongest case. University of Michigan Journal of Law Reform, 30(2-3), 461-510.
Legislation.gov.uk. (n.d.). Occupiers’ liability act 1957. https://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents
Raz, J. (2010). Responsibility and the negligence standard. Oxford Journal of Legal Studies, 30(1), 1-18. https://doi.org/10.1093/ojls/gqq002
Stavrova, E. (2020). Old and new in business ethics theory. Business Ethics and Leadership, 4(4), 132-139. https://doi.org/10.21272/bel.4(4).132-139.2020
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