Business Torts Assignment Business Torts Assignment

1456 Words6 Pages
Business Torts Assignment Tort comes from the Latin term tortus, which means “crooked, dubious, twisted.” Tort is some type of interference with someone or with someone’s property that results in injury to persons or property. Tort is defined as a civil wrong, a breach of duty that resulted in an injury or harm to a person, in this case, the plaintiff (Mae Tom). 5 of the Elements of the tort of negligence Element One – The Duty EXPLANATION: Is the standard allowed to carry out an obligation/ task with a level of care. There is a reasonable level of expectation from any action performed by a reasonable and sane mind. The standard or the level of care to be established will depend on culture, reasonableness, statute and the law as it pertains to the circumstance. APLLICATION: In the case of Mae Tom vs. Kresge Store, there is a level of duty that will be expected by customer visiting the store, this level of duty is the safety of the environment and the conduciveness to carry out a business transaction on the premises. This standard should at a minimum be a dry floor, Kresge store sell soft drinks, the primary duty in a store that sell liquid and allow customers to walk around with drinks is an adequate provision necessary to maintain a dry floor at all time. By adequate provision, I mean and assistant on the floor to attend to such situations or a sign that is bold enough to describe the wet floor. Element Two– Breach of Duty EXPLANATION: This is an action below an acceptable level of responsibilty or inaction of this responsibility can result in a breach of that required duty and may result in lawsuits from negligence, especially in a professional capacity (Professional negligence). Under Tort, negligence will need to be proved, to do this it has to be established whether such duty exist and if the duty was

More about Business Torts Assignment Business Torts Assignment

Open Document