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The answer regarding the Business Law What is supremacy Clause? What understanding it gives to us...

The answer regarding the Business Law

What is supremacy Clause? What understanding it gives to us regarding constitution of US?

Why “duty of care” makes the essential element in the cases relating to tort?

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Answer #1

Supremacy Clause is the common moniker of Article VI , Clause 2 of US Constitution. It establishes that the Constitution , federal laws made persuant to it , and treaties made under its authority constitute "Supreme Law of Land" which takes priority over any conflicting state laws. State courts are bound by it and state constitution is subordinate to it (The Supreme Law).

"Duty of Care" is the essential element in the cases relating to tort. It must be present if the claim is to be successful. It basically means that there should always be a duty of care on the part of the person that must be upheld.

For ex. A driver has a duty of care to drive safely , not intoxicated and under the influence of drugs. Now, if was to drive his car drunk and then run a red light which resulted in accident, he'd be liable for a tort as he breached his duty of care.

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