Aspects of Tort Cases Coursework

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A tort can be defined as a wrong that arises when a person breaches the civil rights of another. In cases of tort, there must not be a contractual obligation between parties. The breach of civil duty may result in cases that remedy damages. In this case, there are tortuous acts that were committed. The first element of a tort is negligence. The owners of the hotel owe Anna a duty of care as their customer and should ensure that the food served is good for human consumption. In this case, the duty of care has been breached by the presence of a piece of glass in the meal. Ann (plaintiff) as a result has suffered injuries and can therefore sue the hotel owners and receive damages from the defendant, the owners of the hotel. The defense of the hotel management is that injuries claimed are trivial and should therefore be pardoned. They may also claim that the action was unintentional and arises due to human error.

The surgeon has also committed negligence to Anna by mistaking Anna and amputating her. Anna as a result has suffered injuries by losing her leg. She is therefore a potential plaintiff in this case and can sue the doctor (claimant) for negligence. The doctor owes his patients a duty of care which he has breached by administering the wrong treatment. The doctor is the defendant in this case and can claim defense of unintentional commission of the act. Another tortuous act in the case is trespass. The waiter (defendant) who was pouring wine can also be charged with trespassing to the body for spinning and bumping into Anna’s waiter (claimant). By bumping into her, she pushes her and thereby falls. This waiter can defend herself by claiming that her spinning was an act of self-defense and was thus unintentional. This could make her be relieved of the burden of paying damages.

The old lady who was injured by the crowd who were vacating the room can also sue for trespass to the body. Here she is the claimant and those in the crowd become the defendants. The serious injuries experienced will become a ground for basing the damages. However, those in the crowd can claim self-defense as a reason for this act. They might also claim that the act was unintentional and hence not admissible. The third tort that can be adduced from the case is a nuisance. Nuisance is the actions that tend to interfere with others in the enjoyment of their rights. In this scenario, the loud noise that is made by Anna can be described as a nuisance to the hotel users. Due to the loud noise, those at the hotel interfered with their enjoyment of their stay at the premises. The users are therefore potential plaintiffs in the case with Anna being the defendant. In this case, Anna can claim defense that her actions were a result of the glass which was in the meal. The damages that she should pay would be reduced by a percentage or absolutely since it was contributory negligence i.e. her action was caused by others. Tort actions lead to civil actions that will result in the payment of damages.

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