Question

In: Operations Management

Suppose a liquified petroleum gas company is registered under law with the concerned authorities and can...

Suppose a liquified petroleum gas company is registered under law with the concerned authorities and can be sued for any offenses committed in negligence by it.

  1. Explain any three offenses that can occur under Tort Law.

  2. Which sections of UAE law for businesses deal with the offenses committed in negligence? How are those sections applied to the offenses?

Solutions

Expert Solution

1.
DUTY
it is a commitment to either do or not accomplish something that will hurt another person. For instance, the organization has the obligation to not segregate representatives on religion, shading, station, and so on and if doing so the organization can be sued under this law for disregarding the law
NEGLIGENCE
It is the most widely recognized tort cases. At the center, carelessness happens when an individual submits wrong. The individual liable for submitting incorrectly is imprudent and along these lines liable for the damage this inconsiderateness caused to another. Again it has 4elements and in an official courtroom, all the four components should be demonstrated.

Breach
This is when a person or company has a duty of care to another and fails to live up to that standard of care. For example, if the company top management finds out that there is discrimination tapping in the company and does not take any action or care for the person. then its a breach of law.

Causation
The third component of carelessness is causation. There are two kinds of careless causation, the real reason, and proximate reason. The genuine reason is now and then alluded to as cause truth be told

The second kind of careless causation is the proximate reason. Proximate reason requires the characteristic, direct, and continuous result of a careless demonstration or oversight to be the reason for an offended party's injury

HARM
It can come in numerous structures. It very well may be financial, similar to clinical expenses, and lost wages. It very well may be non-monetary, similar to agony and enduring or extraordinary passionate misery. It tends to be unsafe to an individual's body, to a relative, or property. Nonetheless, on the off chance that one isn't hurt somehow or another, the fourth component of carelessness isn't met and the claim in carelessness won't win

Compensatory Damages:

Compensatory harms are arranged as either broad harms or uncommon harms. General harms are non-financial while uncommon harms are monetary

2.
iNTENTIONAL TORTS:

Purposeful torts require a planned demonstration by a miscreant against another. Some purposeful torts can likewise be criminal. For instance, if an individual hitters somebody and causes them hurt, this is likewise a criminal demonstration and the individual can be captured and sued simultaneously.

Common intentional torts include...
Conversion
Defamation
Intentional Infliction of Emotional Distress
False Imprisonment
Assault

3.
Article 383 of Federal Law No. 5 of 1985

The individuals who have experienced a misfortune emerging another person's carelessness can apply to the court for remuneration by prudence of Article 389 of the Civil Code. That area expresses that 'if the measure of remuneration isn't fixed by law or by the agreement, the adjudicator will evaluate it in a sum comparable to the harm in actuality endured at the hour of the event thereof.'

Further, activities for explicit execution are secured by Article 338 of the Civil Code, which expresses that privilege must be fulfilled when the legitimate conditions rendering it due for execution exist, and if an obligor neglects to play out any commitment, he will be constrained to do so either by method for explicit execution or by method for remuneration as per the arrangement of the law.'

Regarding clinical carelessness claims, pay will be payable for any mischief caused to an individual, compliant with Article 299 of the Civil Code.

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