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    The following case is in Tort Law aspect, Can you guys kindly tell me the legal principle behind the case and help me analyse it. Thanks a lot!!!


    My question involves an injury that occurred in the state of:

    Ms. Carr recently finished her Master’s Degree in Engineering with First Class Honours and was employed at the Apex University of Engineering (The University) to work under the Manager Mr.Menace. Under the contract Ms Carr was required to teach, research and do administrative work as assigned by her line manager. Ms. Carr was assigned the teaching of many courses including the Course X that she had to teach in collaboration with Ginger, who was a part time teacher. Mr. Menace was family friends with Ginger and owing to this friendship she was able to secure her work at the University. Indeed, Ginger’s academic competence was rather poor. On several occasions students’ had complaint about Ginger’s teaching to Ms. Carr, who without upsetting Ginger had informed her to improve her teaching. Ms. Carr also agreed to assist Ginger in this regard. Ginger, instead of being grateful was resentful towards Ms. Carr also acted in a hostile manner towards her.

    One day Ginger was on sick leave and on the same day in anger she deliberately pushed Ms. Carr in the corridor on her way to pharmacy.

    She also sent an email around next day and copied it to all colleagues in the University saying, 'Ms. Carr was a bad teacher'. Ginger did not provide any evidence for her statement. Indeed Ms. Carr's teaching evaluations were 'outstanding' and she was also nominated for the Best Teacher’s Award. These incidents upset Ms. Carr tremendously and she felt apprehensive and frightened causing her severe abdominal pain and loss of appetite. Mr. Menace was aware of this but turned a blind eye towards this incident.

    Mr. Menace wanted to refurbish his office, which was next to Ms. Carr's office. He hired Robin and Sons (R&S), an independent contractor to undertake this work. During the time of refurbishment Mr. Menace himself moved to a different office where he did not hear any noise. R&S did not have a good reputation in market. R&S, while drilling a hole in the wall damaged Ms. Carr's very expensive Italian painting. Ms. Carr reported this matter to Mr. Menace requesting him to reallocate her office to a different zone, but he straight away refused. In fact, many offices were vacant. Ms. Carr had no option but to work from her home, she also had to commute twice a day to university to teach.

    On one rainy day Ms. Carr was driving to the University on Slow Street and had a terrible accident when Abbey's car crashed into Ms. Carr’s car and injured her. Abbey was driving at 150km/hour and the speed limit was 20km/hour on Slow Street. Abbey worked for ‘Quick Flower Delivery’ (QFD) and when the accident happened she was going to deliver flowers to a client in Slow Street. Abbey should have delivered the flowers the previous day before 6pm but due to a traffic jam she was not able to do so.

    Critically evaluate and analyze this scenario by applying specific tort law principles, relevant ordinances and case law/s.
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    You've got battery, defamation, and a couple of instances of negligence (one with vicarious liability attached) from what I can see, plus you'd need to carefully consider the type and amount of damages available in a couple of places.
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    (Original post by Theflyingbarney)
    You've got battery, defamation, and a couple of instances of negligence (one with vicarious liability attached) from what I can see, plus you'd need to carefully consider the type and amount of damages available in a couple of places.
    Thanks a lot!
    I wanna know is there any assault, trespass to land/ goods? Also, i am not sure if Abbey (the driver in the last paragraph) is employee or independent contractor?
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    (Original post by swisselin)
    Thanks a lot!
    I wanna know is there any assault, trespass to land/ goods? Also, i am not sure if Abbey (the driver in the last paragraph) is employee or independent contractor?
    obviously need to see if theres a contract of service
    you don't know, so you need to describe liability for both if she was an employee, and if she was an independent contractor.
 
 
 
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