Business Law Assignment # 1
Name: Herin A Shah
Student ID: 101014022
Date: 08/10/2015
Jennifer, who is a financial planner, has consulted you. She recently had a rather bad day and fears that she has exposed herself to liability in tort law. Explain to Jennifer what torts may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation of the steps which must be proved in any negligence action.
1. Jennifer works from her office which she rents in an office building. Last week her assistant, who was extremely valuable to her, was hired away by a competitor. She hired a temporary secretary, …show more content…
In the above scenario Jennifer’s business was located in the building where the occupier’s liability legislation is in place. Under section 3 of the occupiers liability legislation, an occupier (Jennifer) owes a duty of care as in this case it is reasonable to see that person entering the premises are reasonably safe while on the premises.
• Damages:
Tort law compensates the physical injury of the plaintiff. Under the Canadian law, losses for the damages are compensated by Non pecuniary damages i.e. the monetary. The compensation depends upon the injury i.e. more serious the injury more will be the general damage will be. So Jennifer is liable in this case for the compensation if Kate sue her for this.
3. Just then an irate client, Richard, arrived. Richard was furious because an investment which Jennifer had recommended has fallen significantly in value. Richard shook his fist at her and yelled, “If you weren’t a woman, I’d beat you up.” Panicked, Jennifer grabbed a heavy vase from her desk and, as Paul, her assistant rushed in, hit Richard over the head. Richard was seriously hurt. Jennifer has since learned that Richard has posted very negative comments about her on Facebook. He has said that Jennifer is incompetent and
Name: Herin A Shah
Student ID: 101014022
Date: 08/10/2015
Jennifer, who is a financial planner, has consulted you. She recently had a rather bad day and fears that she has exposed herself to liability in tort law. Explain to Jennifer what torts may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation of the steps which must be proved in any negligence action.
1. Jennifer works from her office which she rents in an office building. Last week her assistant, who was extremely valuable to her, was hired away by a competitor. She hired a temporary secretary, …show more content…
In the above scenario Jennifer’s business was located in the building where the occupier’s liability legislation is in place. Under section 3 of the occupiers liability legislation, an occupier (Jennifer) owes a duty of care as in this case it is reasonable to see that person entering the premises are reasonably safe while on the premises.
• Damages:
Tort law compensates the physical injury of the plaintiff. Under the Canadian law, losses for the damages are compensated by Non pecuniary damages i.e. the monetary. The compensation depends upon the injury i.e. more serious the injury more will be the general damage will be. So Jennifer is liable in this case for the compensation if Kate sue her for this.
3. Just then an irate client, Richard, arrived. Richard was furious because an investment which Jennifer had recommended has fallen significantly in value. Richard shook his fist at her and yelled, “If you weren’t a woman, I’d beat you up.” Panicked, Jennifer grabbed a heavy vase from her desk and, as Paul, her assistant rushed in, hit Richard over the head. Richard was seriously hurt. Jennifer has since learned that Richard has posted very negative comments about her on Facebook. He has said that Jennifer is incompetent and