Business Law Tort and Contract

Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty, Breach, Injury, and Causation. Q3: Is Shannon liable for the tort of negligence? Yes, she is. First of all, she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care of other drivers’ safety. Anyway she breached her duty, drove her car after taking the medication. What’s more, she injured other people by her vehicle.

After all these she fails in a duty of care and a passenger suffers an injury. Thus, Shannon has a duty, she breached the duty, and caused other’s injury and her wrongful activity had caused the harm. She must be considered a tort. Q4: Can Ling’s be held liable for negligence? Yes, he can be held liable for negligence. He has the duty to take care of his customers’ safety when they go shopping in his market. He noticed the bad weather before but he didn’t warn the customers of the water hazard. Thus he breached his duty. Then a customer injured her back when she was shopping inside his market.

Thus, he fails in a duty of care and a customer injured without his warning in the market. Ling has a duty, he breached the duty, and caused other’s injury and his wrongful activity had caused the harm. He must be considered a tort. Case 1: 04: 37 Feb 25th 2011 Assault and Battery Intentional Tort against Person It happened outside a night club, a taxi driver was yelling at someone standing on the street not far away from his car. The person on the street tried to settle the problem down. Then the taxi driver came out from his vehicle and start cursing at the person very loudly.

The passerby tried to communicate patiently with the taxi driver but it doesn’t work. The taxi driver started pushing this person and keep cursing and cursing. Then a police car came and a police officer was running to the spot. The taxi driver started punching the man on the street. Fortunately the police officer took him down directly with pointing the police gun at the taxi driver. In this case, the taxi driver was using bad words intend to make another person fearful of immediate physical harm at the beginning. This already leads to an assault. After this, he was still trying to make things worse.

He pushed that person and punched him. This is definitely an unexcused, harmful, intentional touching of another, which leads to a battery. Case 2: 01:25 Mar 4th 2011 Liability to other’s property Negligence Case happened at the parking lot of a shopping mall. Some young people were chatting with each other. Not a long time after, one person had a conflict with another man. The tall guy walked to the car which another man was sitting outside and hammered the car’s side mirror. Then they figured out that the man broke the mirror wasn’t do that on purpose.

The mirror breaker thought that the car belongs to the man that he was sitting outside which means he broke another person’s car side mirror. The owner of the car wasn’t at the spot so they left away. In this case, the mirror breaker has the duty not to infringe on the interests of others. He breached his duty no matter he did it on purpose or not. What’s more, his movement made the owner of the mirror breaking car suffered a loss of a protected interest. Thus, this young man has a duty, but he breached his duty, and caused a injury of other’s property and his wrongly activity had caused the harm. He should be considered a tort.