Any injury to an individual which is caused by another is called a tort. We have learned so far that these torts fall under three specific types, intentional, negligence and strict liability. I am sure that if I was to sit and reflect on the past that I would be able to recall being a victim, more than once, to some form of a tort and this is probably true for most people.
Most restaurants have worked so hard to get rid of any potential tort issues because of previous incidents(not necessarily incidents that happened to them but incidents that may have happened to other establishments) that it was a difficult undertaking to go out there and find some of these issues. It was very hard to visit a restaurant once and find five examples of torts. I had to choose somewhere I was familiar with and somewhere I go regularly so "TGI Fridays" seemed like a good candidate to fall under my scrutiny. I have been there many times and would usually have nothing bad to say about them but this time I was being mindful about it and really took everything in my surroundings into account.
The first thing I noticed after I walked in and was seated at my table, was the large decoration above my table in the form of a model airplane. It was quite large and was made of metal so I thought to myself, suppose I was sitting here eating and for some reason it was to fall. Somewhat unlikely it would happen to me at that point but what about the many other people who sit at the same table over a period of time, all it would take was one loose screw. They could really be in trouble if this was to happen and somebody got hurt. These decorations make the place what it is and improve the ambience so it would ruin it to get rid of them all together, but maybe a lighter material should be used in case it came crashing down. This would probably fall under strict liability should it happen unless it can be proven that it occurred through negligence.
They also have a full liquor bar at their restaurants and being open to the public for all ages to come in and dine, I am sure they have to be extra careful to whom they serve alcohol.
Scott can sue the restaurant or Jack on the grounds of discrimination of his sexual orientation, but depending on what state they are in. It is stated in the textbook that, “Employees in about twenty-one states, in addition to the District of Columbia, enjoy protection under state law. State laws typically proscribe discrimination against any sexual orientation (including heterosexuals) and usually include perceived sexual orientation (regardless of whether the person so identifies). About 180 cities address sexual orientation discrimination under municipal laws.” (Walsh, Pg. 411).
Personal Injury claim cases are commonplace throughout the UK. Unfortunately, accidents resulting in personal injury occur frequently in a variety of environments. Whether an accident in an office, a road traffic accident, an agricultural accident, warehouse accident, or a victim of medical/surgical negligence if you can prove that your injury was clearly not your fault and a person in a position of responsibility acted negligently towards you then you can make a compensation claim.
In the article Applebee’s was quoted saying that 14.1 percent of their sales came from alcoholic beverages. That is all most a 1/4 of their gross profit. That can help a restaurant either succeed or fail. The restaurants do not want to take that chance if they can not sell liquor. The article says they want family restaurants like Applebee’s to buy the licenses. The restaurants know there would be some restrictions on the license, such as, no sales after midnight and so fourth. But how many families go out to eat at midnight? The restrictions a reasonable ones. The towns want the restaurants to move in and stop the slumping area from going down any more. The idea that only restaurants having the licenses is a good one. If the town gave the licenses to any business,11 bars could move in. It seems that, the more bars there are in one location, the more problems the towns face. People are there all day and night drinking.
Senior Management of PepsiCo is evaluating the potential acquisition of two companies – Carts of Colorado and California Pizza Kitchen – in order to expand the company’s restaurant business. If indeed PepsiCo decides to pursue the acquisition of one or both, they must decide how to align each of these business units in its historically decentralized management approach and how to forge relationships between the acquired business units and existing business units. In their evaluation, Senior Management is faced with the question of whether the necessary capital investment in order to purchase one or both of the businesses can be profitable for each of the acquired business units, but must also take into consideration that the additional business units will not hinder the profitability of the existing business units.
In short, medical negligence becomes medical malpractice when the doctor’s negligent treatment causes undue injury to the patient -- makes the patient’s condition worse, causes unreasonable and unexpected complications, or necessitates additional medical treatment, to name just a few examples of what’s considered “injury” in a malpractice case.
Defendant can raise defence of contributory negligence when plaintiff's injury was partly contributed by his own fault. In such situation, the court will apportion the liability between the plaintiff and defendant.
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
In this essay about tort law, I talked about a tort case that has personally impacted me. To do this, I provided a background of the event, applied facts of the case to applicable law, summarized lessons of the week as they related to this case, and provided a plausible argument for the parties involved. This is a prime example of a breach of a tort law, and the case is currently in the process of litigation. It is likely that the parties involved will reach an agreement out of court, but may in fact be brought to trial. References Cross, F. B., & Miller, R. L. (2012).
Minado Japanese Seafood Buffet within the Mashatu Group Ltd. has been operating for approximately 10 years. With the thriving success of many locations of Minado restaurants in the North East, Mashatu Group Ltd. decided to open a new location in Georgia entitle Nori Nori Japanese Seafood & Sushi Buffet. On October 20, 2008 the door of Nori Nori unlock to attract the public’s appetite. Although Nori Nori has only been open for one year and one month, there have already been two different General Managers; Michael Fuller and Kenny Ly. However, the most recent General Manager is Hien Thach.
This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
Tort is the action that causes injury to persons or property (Epstein, 2011). There are three types of Tort, intentional, negligence, and strict liability. Intentional is the act of consciously committing harm to an individual (U.S. Legal, Inc., 2014). Strict liability is the result of unintentional consequences of harm or damage to persons or property not associated with the act that has caused the damage as a result of the primary action (U.S. Legal, Inc., 2014). Negligence is the harm or damage to persons or property due to the deficiency in taking precautionary measures to prevent such injuries (U.S. Legal, Inc., 2014). In sports or athletic events, the coach’s and the organization who is conducting the event is responsible for the safety of the athletes and spectators (U.S. Legal, Inc., 2014). Negligence in sports can occur when the coach or organization unintentionally overlooks the overall safety of those participating and an accident or injury occurs as a result of this oversight. Furthermore, there was no premeditated or conscious effort in creating a dangerous environment. Hence, the type of Tort that would be applied in this situation is negligence on behalf of those in
Most restaurants serve alcohol (including family restaurant chains like Pizza Hut, Ground Round and Chi-Chi’s). Where permitted, almost all grocery stores sell alcohol. Serving alcoholic beverages to guests upon entrance into one’s home has become the norm for modern hospitality. Alcohol also accompanies most social and sporting events; our leaders and heroes (e.g., politicians, entertainers, athletes and most other public figures) are viewed regularly using alcoholic beverages as well.
allow a remedy in a particular case as it would open the doors to many