Question

This week, our subject is tort law. Tort law essentially any legal action arising out side of a contract breach or some related business transaction. For example. You and I are walking down the same aisle in a store and I bump into you causing your shopping cart to tip over. The bump may be considered assault and battery and therefore any bodily harm I’ve done to you, I’m responsible for likewise whatever was in your cart if it was damaged or destroyed, I have to take care of as well. There was no contract between us either implied or formal requiring me to make things up to you so, tort law comes into play as a result. Many of us have been asked to hold an item belonging to someone else. If you lose that item or damage it, you may well legally be responsible under the legal concept/doctrine of “constructive bailment” because you willingly agreed to take control of another person’s property and safeguard it until they request its return. So, you have your business up and running and Jane Johnson comes in on a rainy day. She slips and falls in your lobby twisting her ankle. If the business knew it was raining and didn’t put up and precautionary or warning signs, she may have a claim against your business. One of the reasons why you want your business to be a limited liability corporation is to protect your personal assets. Jane sues your business after her fall and you go to court the judge or jury hearing the complaint may decide in her favor and award her a large amount of money as a result. You business’s insurance will likely pay the bulk of the claim but you may have to liquidate some of your ready cash, personal possessions or property in order to satisfy the judgment unless the company is an LLC . Jane can only get so much from the business and your home and personal assets go untouched. There could be an issue of negligence as a maintenance worker for your business knew it was raining and intended to place some warning sign about a wet floor in your lobby but got distracted and did not. Jane may have a legal claim against your business as a result. If she was coming into the building through your front door and a large gust of wind blew her inside and she bumped her head against the receptionist’s desk that likely would be viewed as an ‘Act of God” since your business cannot control wind gusts. So, to put things in perspective from our previous week. Criminal law means you’ve violated some stature or legislation which results in jail time, a fine or both. Civil law requires that the damaged party be willing to abide by the codified law existing in that area (e.g. you get caught stealing, the merchant can cut off your hand), Common law is what the citizenry decide what is or isn’t proper and a violation could be punished (before the 1020’s females were not allowed to wear pants in public. Communities had decided it was not fit or proper, no particular law prohibited it; it just wasn’t done. Contract law requires the parties involved be of legal age, sound mind and there is a reasonable offer made and accepted whether verbally or written, a contract exists. When an instructor requires you to sign the syllabus saying that you’ve read it and agree to its terms, a contract exists between you the instructor and the institution. If you are at the checkout counter at your business and a customer’s cellphone is distracting and you try to take it away and you break it, you’re responsible for breaking it and have to replace it. The person given the situation could in some situations receive “punitive damages”. The judge or jury could award the value of the phone plus add and additional fine of $5,000 to keep me and others from doing the same thing. DISCUSSION QUESTION: A kid skateboards into your business, knocks down a customer breaking their arm. Is this a tort relative to your business or is the kid totally liable for the damage caused? Explain.

Answer 1

This is partly a tort relative to our business because the business owners or managers didn't exercise what is called as 'reasonable' care, which means a measure of care that an ordinary prudent person will undertake in similar circumstances. The manager shouldn't have allowed the kid into the business premises with a skateboard.
Similarly, the kid is partly liable for not exercising reasonable care.