Law question: law of tort 1. Tom was an employee of the restaurant and Peter was...

Law question: law of tort

1. Tom was an employee of the restaurant and Peter was a customer. When serving the customers, Tom accidentally caused injury to Peter. Could Peter claim against the restaurant on his injury by reason of vicarious liability? As Peter was recovering from a previous injury, the accident resulted in Peter entirely losing the use of his leg. Could the claim by Peter be reduced due to his previous injury? The restaurant was in the shopping mall. As a result, the shopping mall was out of business for 2 days. Could the shopping mall claim against Tom on loss and damage? Assuming Peter succeeded in his claim against the restaurant, what would be the causes of action to seek contribution from Tom?

Expert Solution

Peter, as a customer, could claim the injury made by Tom, an employee of the restaurant considering the following reasons.

The liability of a person for an act committed by another person and such liability arises when both the parties have some relation. This is termed as vicarious liability. In this case, Tom could claim against the restaurant by vicarious liability as Peter is its employee and has Master-Servant relationship.
In such relationship, the employee works on a command of master and he is responsible for the loses or damages made to the customer with or without intentions.

Conditions to be followed for the vicarious liability:

The servant has committed an act which leads to a tort.
Such tortious act done by the employee during his working hours.

With this note, it is clearly shows that the customer could claim against the restaurant on his injury which was not intentionally made by the employee.

Further, Peter could claim additionally to Tom as he could not use his legs because of the accident happened.

The restaurant which is been located in a Shopping mall was said to be closed for two business days. To which, the restaurant owner held responsible for the loses happened to the entire shopping mall. As a result, keeping Tom at work in future is the restaurant's ownown discretion.

keosha answered 7 months ago

Explain how Tort Law is different than Contract, Criminal and Tort Law

Question 1 One area of law which has been developing is that of the mass tort...

Question 1 One area of law which has been developing is that of the mass tort and/or class action. For example, tobacco companies won every case filed against them, year in and year out, until they finally started losing when the lawyers got together to attack the tobacco companies. There have been large numbers of lawsuits, or class actions, related to asbestos, lead, pollution (think of the movie "Erin Brockovich"), tires which failed on Ford Explorers, etc. Assume that you...

1. What are the differences among contract law, tort law, and criminal law and does the...

1. What are the differences among contract law, tort law, and criminal law and does the U.S. Constitution play a role in the development of the each?

business law. 1. How is tort law different from the other types of US common law?...

business law. 1. How is tort law different from the other types of US common law? A. It is a response to the problem of injury. B. The other answers describe contract law, property law, and criminal law. C. It arises from mutual agreements. D. It regulates ownership. E. It penalizes wrongful actions on behalf of the public. 2. Which of the following is NOT a goal of tort law? A. Making people honor their agreements B. The answer is...

List a difference and an overlap between tort law and criminal law.

1. Tom owns a Pizza Restaurant. Expenses for the restaurant include raw material for pizza at...

1. Tom owns a Pizza Restaurant. Expenses for the restaurant include raw material for pizza at $6.43 per slice, $142.00 as monthly rental and $51.00 monthly as insurance. A restaurant sells pizza at a rate of $11.43/slice. How many slices should the restaurant sell in a month to break even? 2. You run a nail salon. Fixed monthly cost is $5,595.00 for rent and utilities, $5,643.00 is spent in salaries and $1,487.00 in insurance. Also every customer requires approximately $2.00...

Question 1 For several years Tom had managed Nick's Place, a restaurant/tavern owned by Nick. As...

Question 1 For several years Tom had managed Nick's Place, a restaurant/tavern owned by Nick. As a result of Tom’s efforts, profits increased from $20,000.00/year to $200,000.00/year during the term of his management. Nick, as a result of his failing health and advancing age (he was now 80), had slowly withdrawn from the daily operations. He had come to rely on Tom not only to manage the business, but as his friend who looked after Nick, did all of his...

Compare and contrast Criminal law, Tort law and Contract law. Explain the characteristics: What conduct is...

Compare and contrast Criminal law, Tort law and Contract law. Explain the characteristics: What conduct is prohibited? Is an agreement needed? Who prosecutes the lawsuit? Who collects any damages awarded? What is the burden of proof? Why are there varying burdens of proof?

"Peter, Tom, and Jason have capital balances and profit-and-loss sharing ratios as follows: Peter (10%): 100,000...

"Peter, Tom, and Jason have capital balances and profit-and-loss sharing ratios as follows: Peter (10%): 100,000 Tom (50%): 400,000 Jason (40%): 200,000 Required (show all your calculations): 1-Tom retires and is paid $450,000 based on the terms of the original partnership agreement. If the bonus method is used, what is the capital of the remaining partners? (4 points) 2-Tom retires and is paid $500,000 based on the terms of the original partnership agreement. If the goodwill method is used, what...

Critically discuss and apply contract and tort law in business circumstances;

Question