Discuss the basis for civil tort actions.
Explain the allegations of the client.
Explain any civil tort actions associated with the client's dealings.
Explain if the senior partner whose photo was used can personally bring any type of tort action against the client on his own behalf.
Research and discuss relevant case law that can be utilized in the presentation.
Basis for civil tort actions:
The basis of civil tort actions is compensation and wrongs. In an intentional tort, the person committing the tort must intend to commit an act, the consequences of which interfere with the business or personal interests of another in a way that is not permitted by the law. Intent means that the actor knew with substantial certainty that certain consequences would result from the act or that the actor intended the consequences of his or her act. Therefore, forcefully punishing another without any evil motive or done in jest is an intentional tort. Because the object of a strong push can ordinarily be expected to be knocked down or to fall down (Torts in the business environment, n.d).
Some wrongs such as crimes and rape form the basis of a civil tort action. A defendant may be held liable in tort even if a criminal prosecution was not successful or he was not criminally prosecuted. The defendant who made unconsented to contact may be held liable to the plaintiff for the tort or maybe prosecuted criminally. The difference in tort actions may be explained by the differences in the standards of proof in the civil and criminal cases. Tort actions seek financial compensation for the loss caused on the plaintiff. These wrongs may include negligent harms such as when an entity or person fails to use reasonable care for the safety of the victim (Bublick & Mindlin, 2011).
A negligent harm may include cases in which an employer fails to adequately investigate prior complaints of sexual assault or ...
This solution discusses the basis for civil tort actions.
You are invited to attend a meeting with the firm partners and staff working on the call center contract situation. You are told at the beginning of the meeting that relations between your firm (Snow & Snow) and a client have broken down. First, your law firm has learned that the client has been intercepting your firm's mail and reading it. Snow & Snow sent a representative to the client to ask why this was occurring; the client's personnel chased the representative away while threateningly swinging brooms and hammers. Now, the client has begun running advertisements with pictures of one of the law firm's partners, Arnold Strong, without his permission. Mr. Strong is a former action movie star who still commands top dollar for his endorsements of products.
Your committee has been tasked with the job of preparing a PowerPoint presentation for Mr. Strong.
Specifically, Mr. Strong wants to know the following:
Is there basis for any civil tort actions that can be brought against the client?
Can the representative who was chased out of the client facility bring any type of tort action?
Can Mr. Strong personally bring any type of tort action against the client on his own behalf?
Also include some relevant case law to utilize in the presentation.View Full Posting Details