Torts

Garth Pryce

Unit 2 Assignment

Torts and Cyber Torts

Business Law: LS311

Professor Clyde Craig

August 16, 2011

Torts are wrongful actions, with the use of tort law, society compensates those who have suffered injuries as a result of the wrongful conduct of others. (Fundamentals of Business Law, pg. 80) There are several torts that can be brought up in the court of law depending on the situation that is presented, and there are also a few different ways that a plaintiff can be compensated for the wrongful action that brought forward the tort. We will be exploring the duty of care along with the negligence tort in this paper, as a case is being brought against Jason Davis who knocked down Ms. Yvonne Esposito as the arts and crafts show was coming to a close and patrons were exiting the premises.

Negligence is defined as an unintentional tort and occurs when someone suffers injury because of another’s failure to live up to a required duty of care. Duty of care is defined as the idea that if we are able to live in society with other people, some actions can be tolerated and some cannot; which simply means that some actions are right and some actions are wrong. (Fundamentals of Business Law, pg. 80) In this case Jason Davis was standing by the exit which patrons were leaving the art show as it was about to close, without warning Mr. Davis turned around and collided with Ms. Esposito who is an 80-year old woman who was approaching the aforementioned exit. Ms. Esposito upon falling to the ground fractured her hip and had to have hip replacement surgery, she was also left with an impairment after the surgery and actually filed suit in a federal court against Davis and others claiming negligence.

With the circumstances described in this case Jason Davis did breach duty of care, as his actions contributed to the end result of Ms. Esposito fracturing her hip from the fall. The factors that indicate that Mr. Davis owed Ms. Esposito duty of care are for one he is an...