Tort Case Study for Ron and Print It Essay

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Legal Case; Ron is Hurt by Protestors What Action can he Take?



Ron has a potential claim under tort. Tort is seen when one person/party does something wrong against another (Edwards and Wells, 2015). For Ron to take action, three things should be present, the person accused of wrongdoing should have a duty of care, that the duty of care was breached, and that Ron (the plaintiff) suffered as a result of that breach.



Torts are a civil action, with three different types of tort actions possible; intentional, negligent, and strict liability torts. Intentional torts are seen where there is purposeful harm committed, including actions such as assault and battery (Glannon, 2015). Negligence is seen when actions where not purposeful, but where the result of an error or mistake, on the part of the wrongdoer, including not taking actions expected of a prudent person, may be seen as negligent if they lead to harm. Accidents which result in harm may be included in this category (Edwards and Wells, 2015). Strict liability is a limited tort under which intent is not an issue, often dealing with issues associated with product defects, and employers' responsibility for the actions of their employees (Edwards and Wells, 2015).

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Ron is knocked down by protesters from POA. It may be argued that any reasonable person on a sidewalk, or outside a shop, would be prudent to consider the presence of others. In this context, the protesters, and the organisers of the protest had a duty of care to other pedestrians. There is no evidence that the protesters intended to harm any pedestrians, so the tort is that of negligence. The injuries suffered by Ron starts with the protesters, and therefore, the 'but for' test as seen in cases such as Mccahill v. New York Transp. Co., 94 N.E. 616, 618 (N.Y. 1911) and Whitner v. Von Hintz, 263 A.2d 889, 894 (Pa. 1970) may be applied. But for the protest, Ron would not have received his injuries (Edwards and Wells, 2015).. Therefore, there does appear to be grounds for a case to be brought against the protestors, with proximity and subsequent injury already demonstrated.



However, when looking at the situation there is an additional complication, Ron was also harmed by a Print It employee, who kicked him while he was down and threatened him saying "stay down or I will make you.....

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References


Edwards, J S; Wells, P K. (2016). Tort Law. New York, Cengage Learning

Franklin, M A; Rablin, R L; Green, M D. (2015). Tort Law and Alternatives: Cases and Materials, Foundation Press

Glannon, J W. (2015). Examples & Explanations: The Law of Torts, New York, Wohters Kluwer

Kircher, J J, (2007), The Four Faces of Tort Law: Liability for Emotional Harm, Marquette Law Review. 90 $), 789 -- 920, Available at: http://scholarship.law.marquette.edu/mulr/vol90/iss4/3

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