civil tort actions
Not what you're looking for?
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.
Purchase this Solution
Solution Summary
Is there basis for any civil tort actions that can be brought against the client?
Solution Preview
Is there basis for any civil tort actions that can be brought against the client?
Yes, there is basis of civil tort action that can be brought against the client. The basis will be assault by the client's personnel to the representative of Snow and Snow. The client's personnel chased the representative with brooms and hammers.
In common law, assault is the tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.
Reference: http://en.wikipedia.org/wiki/Assault_(tort)
In this scenario, the client's personnel intentionally acted in a manner that caused the reasonable apprehension of an immediate harmful or offensive contact.
Please note that assault does not require actual contact and only requires intent, such as in this case. In this scenario, there was no actual contact, but the intent was present to cause harm to the firm's representatives.
Can the representative who ...
Education
- BComm, University of Delhi
- Post Graduate Diploma in Management (Equivalent to MBA), All India Management Association
Recent Feedback
- "Thanks"
- "Thanks"
- "Very good! "
- "thanks"
- "Thank you!"
Purchase this Solution
Free BrainMass Quizzes
Social Media: Pinterest
This quiz introduces basic concepts of Pinterest social media
Marketing Research and Forecasting
The following quiz will assess your ability to identify steps in the marketing research process. Understanding this information will provide fundamental knowledge related to marketing research.
IPOs
This Quiz is compiled of questions that pertain to IPOs (Initial Public Offerings)
Marketing Management Philosophies Quiz
A test on how well a student understands the basic assumptions of marketers on buyers that will form a basis of their marketing strategies.
Lean your Process
This quiz will help you understand the basic concepts of Lean.