Question

BUSINESS LAW FOR ACCOUNTING :

Demonstrate your knowledge of Public Law (Criminal Law, Quasi-Criminal Law, Administrative Law) and Private Law (Contract Law and Tort Law) in following scenario.
John works at Joe’s Garage as a general laborer. His duties usually include cleaning the floors, driving cars in an out of the shop, picking up parts from suppliers, etc. One day, the shop was short-handed and John volunteered to do the brake job on customer Mary’s vehicle. He told the shop foreman, “I’ve done this many times on my own car.” The foreman allowed John to work on Mary’s car. After the service was completed, John took Mary’s vehicle for a test drive despite having no car insurance. While on the test drive, John drives the vehicle up to 80km/hr on a street where the speed limit is 40km/hr. He then runs a red light and collides with a vehicle driven by Jane. Jane, a single mom of a 3 year-old infant, is paralyzed by the accident.
Identify FOUR distinct Public Law or Private Law issues or liability in this scenario. For each issue, identify the parties on both sides of the issue and the likely legal outcome.

Answer 1

Answer:

Semi/quasi criminal law: Jump to route Bounce to look. Quasi-criminal implies a claim or value continuing that has a few, but not all, of the qualities of a criminal indictment. It may show up in either a Common law or a Gracious law ward. It alludes to "a court's right to rebuff for activities or exclusions as in case they were criminal". Distinction between tort law and criminal law: Unlike criminal law, in any case, there require not be a particular expectation. Since tort law centers on damage to the offended party, it is less concerned than criminal law around the reasons for the defendant's activities. A guiltless act or a generally blameless one may still give the premise for liability.

Tort law: Tort law, where the reason of a lawful activity is to get a private respectful cure such as harms, may be compared to criminal law, which bargains with criminal wrongs that are culpable by the state. Tort law may too be differentiated with contract law, which moreover gives a respectful cure after breach of duty.

.

Regulatory/Administrative law: is the law that oversees the regulatory activities. As per Ivor Jennings- the Authoritative law is the law relating to organization. It decides the association, powers and obligations of regulatory authorities.

Contract law: could be a body of law that administers, implements, and translates assentions related to an trade of merchandise, administrations, properties, or cash. Agreeing to contract law, an understanding made between two or more people or commerce substances, in which there's a guarantee to do something in return for a pick up or advantage, is legitimately binding.

.

Criminal law: is the body of law that relates to wrongdoing or crime. It proscribes conduct seen as undermining, hurtful, or something else imperilling to the property, wellbeing, security, and ethical welfare of individuals comprehensive of one's self.

Most criminal law is built up by statute, which is to say that the laws are sanctioned by an assembly. Criminal law incorporates the discipline and restoration of individuals who abuse such laws. Criminal law changes agreeing to purview, and contrasts from Civil law

.

Step-by-step Explanation:

CASE HISTORY FOR UNDERSTANDING THE FACT:

The Preeminent Court in M. K. Kunhi mohammed v. P. A. Ahmedkutty (1987) 4 S.C.C. 284, has made certain recommendations to raise the constrain of recompense payable as a result of engine mischances in regard of passing and changeless disablement within the occasion of there being no verification of blame on the portion of the individual involved within the mischance conjointly in hit and run engine mishaps and to evacuate certain incongruities within the obligation of the safety net providers to pay stipend depending upon the course or sort of vehicles involved within the mishap. The over suggestions made by the Incomparable Court have been joined within the Charge. 5. The proposed enactment has been arranged within the light of the over foundation. A few of the more imperative arrangements of the Charge give for the taking after things, to be specific

:- (a) rationalization of certain definitions with increments of certain unused definitions of modern sorts of vehicles; (b) stricter methods relating to allow of driving licenses and the period of legitimacy thereof; (c) laying down of guidelines for the components and parts of engine vehicles; (d) measures for anti-pollution control gadgets; 3 (e) arrangement for issuing wellness certificates of vehicles too by the approved testing stations; (f) empowering arrangement for overhauling the framework of enlistment marks; (g) changed plans for allow of arrange carriage grants on non rationalized courses, all-India Visitor licenses conjointly national grants for merchandise carriages;

.

(h) administration of the Solatium Conspire by the General Insurance Organization; (i) arrangement for improved recompense in cases of "no blame liability" and in hit and run engine mischances; (j) arrangement for installment of emolument by the back up plans to the degree of real obligation to the casualties of engine mishaps independent of the lesson of vehicles; (k) support of State registers for driving licenses and vehicle enrollment; (l) structure of Street Security Chambers. 6. The Charge moreover looks for to supply for more obstruction discipline within the cases of certain offenses. 7. The Notes on clauses clarify the arrangements of the Charge.

So, it's clear that, this case is under Criminal Law, Quasi-Criminal Law, Tort Law.