Q1: What is a tort?
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...
Please join StudyMode to read the full document