The Law of Tort and Business Contracts - 3325 Words

Law of Tort and Business Contracts Introduction According to law, tort occurs when a person fails to observe duty imposed on one by law, to ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets. Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident, the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care. From the given scenario, the owner is liableShow MoreRelatedCommon Law Torts: Elements and Defenses Essay1579 Words   |  7 Pagescome into play. This catapults the proliferation of tort laws. Tort laws incorporate laws that govern private civil wrongs. For this reason, torts law serves as a remedy to a person who is wronged or harmed. This research paper accentuates the importance of common law torts in a dynamic economic environment as mitigation measures to curb escalating business challenges. Common Law Torts: Elements and defenses Since the time immemorial, various laws continue to be put in place to safeguard moralityRead MoreTorts and Contract Liabilities and Ways to Avoid Them1419 Words   |  6 PagesRunning Head: TORTS AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liabilityRead MoreTort Liability and Contract Liability.1484 Words   |  6 PagesTort Liability and Contract Liability A tort is a legal term for a wrong. The tort law is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them, whether its a drunk driver, a corporation that manufactures a defective product, a credit card company that overcharges you, or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a schoolsRead MoreAspect of Contract and Negligence of Business 1095 Words   |  4 Pages Unit: 5 Aspect of Contract and Negligence of Business Assignment Cover Sheet Assignment No: 1 I hereby confirm that this assignment is my own work. I have identified and acknowledged all sources used in this assignment and have referenced according to the Harvard referencing system. I have read and understood the Plagiarism and Collusion section provided with the assignment brief and understood the consequences of plagiarising. Table content: Read MoreIRAC Brief1018 Words   |  5 Pagesï » ¿ IRAC Brief Law/531 Facts of the Case According to  United States District Court District of Massachusetts  Civil Action 11-10313-GAO  (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts,  2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore bothRead MoreContractual and Non Contractual Liability1278 Words   |  6 PagesLiability I. Contract A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchange consideration to create mutuality of obligation. Contracts may be bilateral or unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promiseRead MoreTortious Liability955 Words   |  4 PagesTOPIC: WHAT IS TORT, AND TORTIOUS LIABILITY ? From a legal standpoint, a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example, when a person violates his/her duty to others created under general (or statutory) law, a tort has been committed. Tort law relies heavily on the common law, the legal opinions of the Courts, general trends in the community, and legal scholarshipRead MoreThe Law Of Obligation Is A Private Law1672 Words   |  7 PagesThroughout history, the law of obligation has held such prodigious value in the face of private law. Being the heart of both Contract and Tort law, it is a pervasive phenomenon of our social life. Both Tort and Contract law protect the rights, and ‘that protection cannot be legitimately compromised to achieve the aim of just distributing’ . This proposition may be true in the late 19th century, in the present time, however, the law of obligation has be en ‘built on the law of its predecessors, manipulatingRead MoreCase Study : Albert And Baker1152 Words   |  5 Pages1. Albert and Baker have considered the merits of forming the company as a general partnership, thus a co-ownership of a business for profit. Under the Uniform Partnership Act, hence a model act that codifies partnership law, Albert and Baker’s respective rights to any profits of the company would be an equal share. According to Cheeseman, â€Å"Partnership agreements often provide that profits and losses are to be allocated in proportion to the partners’ capital contributions. The right to share inRead MoreBUGusa Inc. Worksheet1168 Words   |  5 Pagesï » ¿ October 21, 2013 LAW/421 University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME has committed Defamation in the form of trade libel against BUGusa, Inc. by taking out a print ad in an industry magazine (University of Phoenix, 2013). According to