business cases (Essay Sample)

Title Business Damages Student name Date Institution Professor's name Business Damages Business damages can be classified into four main classes name compensatory, punitive, future damages and incidental damages. In this paper, we will concentrate majorly on punitive and compensatory damages. Compensatory damages are aimed at restoring the state that an object or person was in before the damage took place. Compensatory damages can be classified as general damages or special damages. general damages result from the wrong doer's fault while special damages result from circumstances that take place after harm or damage has occurred. Punitive damages are can be assessed against the wrong-doer in order to prevent other people from repeating the same mistake. Contributory negligence is defined by the concept where a person is expected to behave in a responsible manner. If the person does not behave in that manner and a damage occurs, they might be held responsible and be required to meet the cost despite the fact that another party may have been involved. Comparative negligence involves measuring each party's negligence in determining the extent of damages. In this case, the damages caused on Tommy needs to be compensated. It is important to be careful when solving damage cases because some situations are special and call for special measures. For example in the citywide Fitness Center case, the damages are not easy to define since there are laws and regulations that protect a part of negligence, whereas at the same time, negligence should not be an excuse for bad actions. In determining the case, there should be a comparative approach where the negligence of each party should be considered. Jitsy should not have made her husband come to an area where there was no adequate emergency services. She knew very well that her husband's condition was risky and therefore should have acted in a manner to protect her in anticipation of a hazard. In addition, there is a Good Samaritan issue that protects the Citywide Fitness Center from full responsibility. The aid given at Citywide Fitness Center was out of self will, and according to the law, the negligence arising is fully protected. However, the center should take a much large responsibility than Jitsy seeing that whereas the law protected them the law also stipulates under the AED's reliability specifications that there should be at least two people to operate the CPR. The center failed t...