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Tort Law Dissertation Example

4 / 5. 1

Discipline:
Law
Chapter:
Acknowledgements
Level:
PhD
Pages:
1
Words:
275
View Sample

Free Tort Law Dissertation Example

Fault, Jury Award, Negligence, Torts A tort is a civil wrong whose remedy in common law action damages. A person to whom wrongdoing is done may sue in a court of law for damages. Tortious liabilities occur as a result of acts which are done intentionally, due to negligence or failure to act when one had the duty to or even as a result of violating some laws (Luntz et al., 2017). The person committing the tortious act is referred to as the “tortfeasor,” Starbucks, and in this type of lawsuit, they become the defendants. The person to whom the wrong deed has been done is called the plaintiff, Joanne Mogavero. As a result of the harm suffered by the plaintiff when coffee spilled on her, the defendant is held accountable due to their acts. The Florida jury in Duval County circuit court concluded that Starbucks was mostly to blame for the accident and awarded the woman $100,000 in damages, including $85,000 for pain and suffering. The fault of negligence was assessed, and it is clear that the defendant owes the plaintiff a duty of service. He/ She also acted with futility in their duties causing injury to the plaintiff. For the jury to award the damages, the plaintiff must have suffered an injury due to the actions of the plaintiff or the defendant failing to act (Goldberg et al., 2016). The jury awarded damages to both the defendant and the plaintiff since the plaintiff in their capacity should have seen that the harm would have happened to them. They should have therefore taken necessary action to prevent such from happening. The defendant, on the other hand, should have made sure that the plaintiff settles and settles their order and ensure that it is done to the plaintiff's satisfaction. In conclusion, Starbucks should implement policies that ensure that the customers are made aware of each of the products. The workers should also train on how to efficiently offer the best services to their customers and ensure that no other suits arise in future...
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