Commercial Law Essay Example | Topics and Well Written Essays - 2250 words

Commercial Law - Essay Example The ability of Ellen to sue the council for damages not only to her business but also to her health offers particular advantages in protecting the reputation of her business because it can be proven that the council was negligent in its providing approval to start her business in the location that she did. Furthermore, the court will also presume that there was damage to the business or trading reputation of Ellen’s business and that she will need to be compensated by the council to ensure that its good reputation in the market is restored. If Ellen does not sue the council immediately on these grounds, then the reputation of her will be damaged further because council will be able to get away with not being able to fulfil its responsibility of ensuring that it provides accurate advice to her before she started her business. Establishment of claims The first thing that Ellen must do is to establish her claim for damages from the council is to prove that it is indeed the counci l was the negligent party, and that the latter had a duty to ensure that the information concerning her business location was accurate so that she would be able to establish it. Ellen’s claim against the council is one that cannot be disputed because it is as a direct result of the council’s employee’s negligence that Ellen came to be faced with all the problems she had after the disruption of her business as well as the development of her health problems.2 Therefore, in order for her case to go to court, she should make sure that her stand is not in any way disputed. Ellen would want to be able to prove that the council breached its duty and she has to do this in order to prove that it was negligent. Ellen must also be able to prove that it was as a direct result of the false information given by the council employee that brought about all the commercial and health damages that she sustained. It will be Ellen’s responsibility to prove that it was the fai lure in the council’s duty to provide legitimate information to her that led to the damages suffered by her.3 The third thing that Ellen will need to prove is that it was the negligent action of the council that was the cause of the damages that she is claiming compensation for and she will need to show proof of the medical records of the nervous breakdown she sustained as well as the photos of the renovation work being done in the neighbouring premises which came about as a result of the inaccurate approval that came about because of the council’s negligence.4 This will ensure that justice will be carried out in her favour and that she gets compensated for all the damages she sustained. The Plaintiff’s desired business environment It is the availability of a quiet space for meditation that would have provided Ellen with the opportunity to work effectively in order to not only achieve the goals of her business but also to provide satisfactory services to her cus tomers. It should be understood that in the type of business that Ellen is