Business Law Tort and Contract

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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...
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