Tort Case Study

Improved Essays
The law of tort, is defined as “a civil wrong other than a breach of contract” (Lee Reed, 2013, p.289). It is a law that focuses more on civil cases than it does criminal, but at times cases can be both. The law of tort has three categories, intentional, negligence, and strict. In the case of Alice versus University Heights Pizza and employee Donald, the case is considered a negligence tort, based on the incident of Donald causing injury to the health of Alice, with the company vehicle, due to driving recklessly.
University Height’s pizza has argued that they are not responsible for the injuries in which Alice sustained, from the reckless fast driving of their employee Donald. Although University Height’s pizza knew of Donald’s prior history, they feel that he is solely responsible for the incident, because he was the one driving the vehicle to a destination that was not related to work. By not taking liability to Alice, University Height’s argument is nonconduct, making them knowledgeable of Donald’s fast driving, but not their responsibility to warn Alice or other drivers of it. What University Height’s pizza needs to realize is that although the destination was not work related, and they physically did not drive the vehicle,
…show more content…
Although University Heights did not drive the vehicle that hit Alice’s car, they are responsible for not terminating Donald after the previous times he was caught speeding and deviating from delivery to visit his girlfriend. Donald got into the accident while on company time, making the business equally responsible for his actions. Alice’s case against Donald and University Heights is based on negligence. Donald lacked the care to change his driving patterns, and University Heights lacked the care to change their employees. Therefore, both defendants remain liable for the accident that injured Alice and left her with medical bills and the inability to

Related Documents

  • Improved Essays

    Argument Against Cardoza

    • 1209 Words
    • 5 Pages

    I will then explain both Cardoza’s and Andrew’s views with reference to negligence and duty of care, which are most relevant in this case. I will explain why Cardoza’s decision may be considered incorrect or questionable. In the case of Palsgraf vs Long Island R.R. Co, the plaintiff, Palsgraf, was waiting on the platform waiting for her train. A man, carrying a package, was hurrying to catch his train.…

    • 1209 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    4.2 Establishment Clause Does the display of the Ten Commandments in the counties' courthouses violate the Establishment Clause? Yes, the display of Ten Commandments in the McCreary and Pulaski counties courthouses violates the Establishment Clause of the United States Constitution because the clause prohibits federal, state, and local governments form establishing a government-sponsored religion or promoting one religion. In this case, the American Civil Liberties Union (ACLU) of Kentucky, were aware that it was necessary to have a preliminary injunction, ordering the removal of the Ten comments from both courthouses because it was offensive and discriminatory for those people who are not Christians to be judge by a courthouse who are promoting this particular religion.…

    • 556 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    Understanding Tort Law in Florida Tort laws is a complex law. It is a common law that essentially covers civil wrongs, much like what Meredith is claiming in his case against Rosenberg. In this case, Meredith could recover compensatory damages if he is found be harmed by the business practices of Rosenberg. When it comes to civil cases like the one Meredith is currently involved in, as the plaintiff, Meredith is responsible for proving his case.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    The Jason Dalton Case

    • 216 Words
    • 1 Pages

    On February 21, 2016, Jason Dalton was brought into custody by the police of the state of Michigan for being a suspect for the deaths of six people and the injuries of two others. Jason, 45, was a driver who worked for the company of Uber. No one ever thought he was able to commit the acts that he did during his seven hour shooting spree; his neighbors all thought he was ‘nice’ and Jason even passed the Uber background check. Yet, the question remains, should Uber be held liable for the criminal behavior of their driver? Uber had no idea that Jason Dalton, one of their trusted drivers, was going to go and kill several civilians, therefore they should not be held liable for the actions of the unstable driver.…

    • 216 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The U.S. civil legal system is perhaps the most refined legal system in the world and is constantly in a pursuit of justice that follows society’s ideals. The system however is not set in stone and is not perfect or correct all the time. In all civil cases we witness the laws of reasoning and through these laws we can adjust an unfair or incorrect law. In a specific case known as Dillon V. Legg we see a change in law. The case was originally determined by the district court of California based off authoritative reasoning.…

    • 1031 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    On the night of October 5, 2012, Taylor Hamilton was driving his mother’s Lincoln Town car to P-Cubed. As he was driving down Nash Street, the plaintiff, Alex Cooper dashed from the woods, without looking, wearing a dark hoodie and jeans. He ran into the first lane of traffic before running in front of Taylor Hamilton’s car and being struck. Hamilton was unable to see Cooper before she dashed onto the street because the poor lighting and Cooper’s dark clothing. As soon as Hamilton saw Cooper, he slammed the brakes, but it was too late.…

    • 1012 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    According to Boyd (2015), negligence can be defined as the failure “to conform to a standard of reasonable care” (p. 202). In tort cases concerning negligence, unlike criminal cases, the culpability of the accused is not dependent on malicious intent. Instead, to establish negligence the plaintiff must present “a case that is more probable than not” (Boyd, 2015, p. 203). The cases of Annapolis County District School Board v. Marshall and Ediger v. Johnston contain disputes between various courts over the nature of negligence. In this paper, the Supreme Court 's judgements for both cases will be evaluated and it will be argued that, in both cases, their judgements provided the best interpretation of a standard of reasonable care.…

    • 1466 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    One day after a disastrous day of interviews, a car speeding in the opposite direction of an intersection slams into her car and injures her. She sees this as an easy way to make some money so she decides she wants to sue the person who caused…

    • 1556 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition.…

    • 685 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    Law 531 Week 3 Quiz

    • 393 Words
    • 2 Pages

    36. a) Yes, because even though Peterman only provided Fogelman with a contract of agency that allowed him to sell the home, it can be inferred that he is also allowed to sell the piano that was still in the home. It does not have to be explicitly stated in the contract of agency. b)…

    • 393 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…

    • 706 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Tort Law Research Paper

    • 762 Words
    • 4 Pages

    This paper gives a short introduction of tort law and mainly focus on the standard of care, how the courts determining what is the ‘reasonable person’ and whether there are some exceptions to the courts. The law of tort is the law of civil liability for wrongfully injury which provides remedies to individuals harmed by the wrongful conduct of others in order to protect an individual’s private rights. There are two major categories of torts: intentional tort and negligent tort. The general principle of negligence is concerned with compensating people who have injured or damaged and thus a defendant will be negligent if he or she falling below the standard of the ordinary reasonable man in the same situation. A person will be liable for their…

    • 762 Words
    • 4 Pages
    Improved Essays