Employment and Law of Tort Essay Example | Topics and Well Written Essays - 750 words

concern and Law of Tort - Essay ExampleThe law provides for any(prenominal) iodin who has been wrong to seek redress on the suit that beget resulted into the loss (Klar, 99). Those individuals who have suffered losses due to civil wronguous injury ar entitled to monetary compensation. In this case, the extent of legal injuries is not limited to those of physical but to the extent, that it covers the emotional, reputational, and economic. Of all the liabilities related to tort, disrespect takes the lead (Cane, 67). Negligence is when one is fails to observe the debt instrument of care at work place resulting into one of the injuries mentioned above. In such a location when one knows or is expected to know what should be do and deliberately or not fails to do as expected thus resulting into a loss, he/she is held apt(p) for the losses (Larouche, Pierre, Jeremy , and Walter, 132). Tort is thus categorized into many ways as Quasi-torts, the designed tort, and the negligenc e tort (Cooke, 112). This category implies that in any event of tort, the liability will be classified into any of the submarine sandwich categories of tort. In this case, study, the different cases in the Mavis enterprise is are considered and appropriate legal decision is habituated to him so that he can seek redress where applicable. The following are legal position of the cases in relation to tort. carapace 1 It is important for Mavis to understand the stipulations of the contract between her and the employer. This will alter her to determine whether the employees action warrants termination of the job or not. It is also important to classify the sheath of tort involved and to determine whether it has resulted into any financial loss or not (Geistfeld, 78). Following the situation given in the case, Nell has only been sleeping in the store during low season in which the customers are known to be reasonably scarce (Deakin, and Angus, 88). Though the customers may be scarce d uring sometimes in the year, it does not imply that the employees should deviate from the normal duties of the work place. The decision to terminate Nells engagement in the cafe verbally is not legally recognized. Nells conduct can be classified as Negligence in consideration of tort law. Within the negligence, it is further classified as dereliction and smash of duty. Once Nell accepted to sign a contract with her employer, Mavis, she ought to have observed the duty of care to train that all the duties are done immediately and that no one goes without service. This position does not consider the extent of customer availability (Edwards, Linda, Stanley, and Patricia, 154). Even in the law season, one cannot tell when customers can come and when they are not. It was therefore the responsibility of Nell to keep vigil all the time as a manifestation of the duty of care. Mavis should explore filling a suit under the tort law regarding negligence and Nell would be made to pay in moneta ry the amount Mavis would have lost due to her negligence. Case 2 The Case of Olga and peter is also considered under the tort law, Olga had prior knowledge that the pulling the chairperson intentionally can/will cause injury to peter and went ahead to pull it. This is considered under intentional torts (Elliott, Catherine, and Frances, 201). Mavis the employer should thus consider filing a suit against Olga to foot the bills for that will be accrue during the treatment of Peter and any other inconveniences rendered. Without Olgas action of pulling he chair, Peter would have not sustained a waist injury. Olga should thus be made to make the payment for any cost in terms of medication and hospitalization of Peter since all the problems emanates from her. Since Olgas conduct is considered tortuous, the top hat legal action to be taken in this regard is filing