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You own University Heights Pizza, a pizza company that provides mostly home delivery. One of your drivers, Donald, routinely drives in excess of speed limits when delivering Pizza, and you are aware of these problems. One night while delivering pizzas, Donald decides to visit a girlfriend. You are aware that he sometimes does this, and you have not objected as long as the Pizza gets delivered on time. On the way to his girlfriend’s house, but on the way to deliver a customer’s pizza, Donald runs a red light at high speeds and seriously injures Alice, a driver in another car who had the right of way. Alice sues University Heights Pizza and Donald. You assert that University Heights is not liable for Donald’s fast driving.
Write a paper of 750- to 1,050-words answering the following questions posed by this scenario:
- What is University Height’s best argument that it is not liable to Alice? Would you agree with this argument? Explain.
- What is Alice’s best argument that Donald is liable to Alice? Explain.
- What should University Heights do to prevent risks like Donald?
Cite to at least three scholarly references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment
Here is the reading information :
In this chapter you will learn:
10-1. To compare how tort law is related to property.
10-2. To differentiate the three divisions of torts and to generate a theory
of why torts are so divided.
10-3. To explain the elements of negligence and to relate these elements
to the development of negligence law.
10-4. To analyze why tort litigation is so controversial in society today.
Just as contract law is the way owners
exchange what they own in a propertybased
legal system, so also tort law is an
important part of the same system. The property
fence protects our use of things. It is part of
what we own. But our protected use is not infinite.
It may be absolute but because we live with
other people and what is proper to them, we
may not use things just anyway we please. We
do not have a protected use of a thing if our use
harms what others own, including their persons.
Tort law helps define where the property fence is
when it comes to our use of things. It makes our
use legally wrongful and helps anyone injured
by our wrongful use to get compensation, called
T he word tort means “wrong.” Legally, a tort
is a civil wrong other than a breach of contract.
Tort law sets limits on how people can act and
use their resources so they do not violate the right
290 PART 3 Legal Foundations for Business
others have to their resources. If you think of property as a type of legal fence
surrounding resources, then tort law defines when someone has crossed that
fence wrongfully so that compensation is due to the owner.
Legal wrongs inflicted on the resources of others may be crimes as well as
torts (see Chapter 12), but the law of tort itself is civil rather than criminal.
The usual remedy for a tort is dollar damages. Behavior that constitutes a tort
is called tortious behavior. One who commits a tort is a tortfeasor.
This chapter divides torts into three main categories: intentional torts,
negligence torts, and strict liability torts. Intentional torts involve deliberate
actions that cause injury. Negligence torts involve injury following a failure to
use reasonable care. Strict liability torts impose legal responsibility for injury
even though a liable party neither intentionally nor negligently causes the
Important to torts are the concepts of duty and causation. One is not liable
for another’s injury unless he or she has a duty toward the person injured.
And, of course, there is usually no liability for injury unless one has caused the
injury. We explain these concepts under the discussion of negligence, where
they are most relevant.
This chapter also covers the topic of damages. The topic concerns the
business community because huge damage awards, frequently against businesses,
have become common in recent years.
>> Intentional Torts
An important element in the following torts is intent, as we are dealing with
intentional torts. Intent is usually defined as the desire to bring about certain
results. But in some circumstances the meaning is even broader, including not
only desired results but also results that are “substantially likely” to result
from an action. Recently, employers who knowingly exposed employees to
toxic substances without warning them of the dangers have been sued for
committing the intentional tort of battery. The employers did not desire their
employees’ injuries, but these injuries were “substantially likely” to result
from the failure to warn.