Analysis of Tort Law Cases - Essay Example

……………………………………………………………………….……….xxxxxx ……………………………………………………………………….xxxxxx …………………………………………………………………………xxxxx ………………………………………………………………...xxxxx @2012 Law Introduction A tort in common law jurisdiction refers to a civil wrong that is a cause for action which is an action that harms another person (Blum 2007). Tort law therefore deals with situations where a person unfairly cause harm to another. The action may not be illegal, but it causes harm to another person. The law allows anyone who was harmed to claim to recover their loss. A person who commits a tort is known as a tort feasor (Glannon 2010). There are several categories of torts. Case analysis In the first case where Nell the waitress had the behavior of sleeping in the storeroom she committed the tort of nonfeasance. This is the tort of omission of a lawful act or failure to perform a legal duty without malicious intent, which causes damage. It is failure to do something that you were legally supposed to do without the intention of harming. Nells act of sleeping was not ill intentioned since she had started doing so only when cafe was not busy. She failed to be in the cafe available to serve any customers who came in. As a result, customers could be coming in and leave when they fail to be served making the business lose sales. Incase Nell took the case to a court of law then the cafe owner would have to prove that this act actually caused harm to the business and to him too (Emerson 2009). The cafe owner may also urge on the grounds that the act was a dereliction of duty by the employee. That is failure to conform to the rules and regulation of the work place, failure to perform their duties assigned in a satisfactory manner. In his case, Marvin would have to produce as evidence a copy written rules and regulations that govern the conduct of employees at the cafe. She would also have to give evidence that every employee has access to the said rules and regulation, and they were not unavailable to them (Blum 2007). The regulation should have clear and explicit statement on the cause of action in case sleeping during work hours and being in a different location of the work premises other than the assigned duty station. Marvin would also have to provide a copy of the contract signed by Nell during her recruitment giving the conditions for relieve of duty. It should explicitly state the cause of action as a result of sleeping during work and the mode of communication used to imply the cause taken by the employer of the employee. Nell can on her side sue the employer for compensation for the loss of income and the psychological impacts of being dismissed by her employer without prior notice. She can also claim for her benefit after having worked for the cafe for an approximate time of two years. In this case, she would use her employment contract as evidence, and it could have explicit information of the expected terms on relieve of duty (Emerson 2009). Incase of the psychological impact her dismissal may have caused she may produce a medical report from the counselor who attended to her during that time. She would also have to give evidence for the immediate relation between her dismissal and the psychological deficit. Incase Marvin had derelict her duties as the employer then Nell goes ahead and wins the case the employer would have to compensate for the damages cause. In the second case, Ogla the chef deliberate action cause Peter, the cashier to break his wrist. Ogla committed the tort of malfeasance which is an act of commission without legal jurisdiction with malicious intent to cause harm/damage. He neglected of his legal duty of care and intentionally caused direct injury to his colleague. Marvin does not have a major contribution on this, but she would have to give as a witness evidence of how the actions of Ogla caused harm (Blum 2007). The breaking of Peter’s arm may have impacted negatively on the business such as having to hire someone or deploy to take care of the cashier duties during his recovery. She may use her business records as evidence of how the business suffered as a result of the cashier’s absence. This was an intentional tort since there was overt action when Ogla pulled away the seat with intent to harm and ends up doing so. Peter can therefore, for compensation. The compensation for damage would be done by the tortfeasor Ogla in this case (Glannon 2010). He would have to pay for the medical expenditure and any other damages found guilty of committing. Marvin would have to provide her employees with clear guidelines on conduct during work and and relation with colleagues. These guidelines should be accessible to all and state the extent to which the business would be liable for compensation for injury any employee occurring in the course of service at the cafe. In the third case Deidre the driver, behaves in a negligent way by driving the deliver van around town and injures a school girl who was crossing the road and by extension causes a witness to suffer anxiety and hysteria leading to nervous medical problems (Blum 2007). This was a tort of misfeasance which is an act of commission with legal jurisdiction but performed in a bungling manner that it causes harm. Though he had no malicious intentions Deidre acted in a manner of neglecting his legal duty of care. He directly owed the other road users duty of care since he was using the same facility as they were. However the insurance caters for the damages caused if it is proven that the accident did not occur out of intentional mistakes. Deidre would have to defend his actions and prove that he did not deliberately harm the two road users. He may use the van’s service report as evidence for any malfunctioning of the vehicle that could have caused the accident. If he is successful in doing so then the insurance would take care of the girl’s medical care for the six months and any other damages cause on her by the accident (Glannon 2010). For the eye witness who suffered a hysterical fit and was taking long to recover, her history of nervous sickness may be the undoing in her case. The medical report would have to show clear evidence that her current condition was entirely as a result of experience at the accident scene. Deidre may not have owed her directly the legal duty of care since she already had the medical condition only that it had been suppressed. Any other person or event that elicited strong emotions could have caused a similar reaction. So this makes her case weak. The cafe management may have to cater for her immediate medication as decided by legal mechanism but not for the long term and derived damages because they cannot be clearly tied to the Deidre’s actions. The cafe owner, Marvin would then recover the cost by the best arrangement made between her and her employee. Deidre would also have to cater for the repair of the van which is an important asset to the cafe. This would be done as soon as possible to avoid accrued damage cost. The management would then be required to ensure that the van is regularly and frequently serviced to prevent similar occurrences in the future (Emerson 2009). Conclusion Marvin as the employer would be involved in the resolution of the above cases. She therefore, requires making herself familiar with employment and labor laws, law of tort in the capacity that she understands her responsibilities and the appropriate defense to use that gives her maximum chance for a successful case. This would protect the survival of her cafe business by reducing unbudgeted for expenditures. References Blum, Brian.A, 2007. Contracts; Examples And Explanations. Aspen Publishers Glannon, Joseph W, 2010. The Law of Torts; Examples And Explanations. Aspen Publishers,4th edition Emerson , Robert .W, 2009. Business Law. Barrons Education Series 5th edition Read More