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Tort In The Workplace

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“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond
The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others. In common parlance, torts may be described as the wing under which all claims pertaining to civil rights are brought and monetary compensation is awarded to right the people who have been hurt or their property damaged. Entering a property without …show more content…

A corporate office, a school, a coal mine, a street being cleaned by a municipal worker: all are workplaces. Almost everything we see around ourselves can be in some parts contributed to the efforts of some employee in a workplace. They keep all the cogs in every machinery running and that is why upholding the rights of an employee and fostering a healthy workplace for him is essentially a matter of utmost importance. A workplace is a predominantly economic sphere and the very reason people are there is to make money. Thus, the very concept of punishing the hindrance of the sanctity of this sphere by imposing monetary punishment has a sense of poetic justice and fairness to it. The other facet of such a legal action also acts as a deterrent to possible offenders and thus goes a long way into creating an efficient workplace where every employee can contribute their best efforts into their jobs. And that probably explains why the usage of tort law to further augment employee rights has seen a massive surge in the recent legal history in the last …show more content…

Prevalent in many forms ranging from bullying, mistreatment, emotional abuse to molestation and coercing sexual relationships, it has a potential to severely cripple the productivity of a workplace. Lowered morale, increased stress, low self-esteem and dysfunctional personal relationships among the employees are all direct products of harassment and are all points of departure from the real purpose of workplaces.
During my study of newspaper articles on the subject, I came across a range of reports greatly varying on the circumstances of the tort, the manner of harassment and the course of action after the report. For first impressions, as opposed to the common perception of workplace harassment being a class specific and limited occurrence, harassment can in fact be seen very frequently in every section and class of the professional society. 1.2 WRONGFUL

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Part 4: Source and Summary • My search on Westlaw led me to 24 Mich. Civ. Jur. Torts § 7.

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Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? 
Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to

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Unjust enrichment is a legal concept which refers to the concept in which one person is enriched at the expense of another where one person is determined by law to have been treated unjustly. When an enrichment is deemed unjust, the law imposes an obligation upon the recipient to make restitution, subject to defenses such as change of position. Liability for an unjust (or unjustified) enrichment can only come when the recipient is benefiting from the enricher’s detriment. The concept of unjust enrichment can be traced back to Roman law, saying "no one should be benefited at another's expense.” The law of unjust enrichment often is closely related to, while not coexistent with the law of restitution.

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Yi Ding BUSN201-86N Ms. Richards 19 June 2016 Tort reform Nowadays, tort reform is a controversial problem in the United States. By comparing the pros and cons of tort reform from different aspects, I think that tort reform is necessary. The textbook, “Business law today” (2014), clarifies that tort is a wrongful act that results in harm or injury to another and leads to civil liability.

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Vanessa Best October 9, 2015 Legal, Safety, and Regulatory in the Workplace HCS/341 Regulations, Legal, and Safety within Human Resource Management Human Resource management, Legal, Regulations, and Safety "Common sense and compassion in the workplace has been replaced by litigation." In my opinion I think I would have to disagree because not all companies and organizations aren’t like that. But, at the same time the quote focuses on how people in companies feel there isn’t any form of compassion and common sense awareness applied to the work environment. Now, it’s all about what they and you can do to make sure the organization or the company doesn’t get sued or lose money from an employee mistake or human resource

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Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

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As Americans we are not subject to dictatorship; someone having complete authority over our lives. In fact, The United States of America gets praised for not being a communist country. The government does not control every aspect of society but Tort Reform challenges the idea of Americans free will and put a cap on the compensation that is legally and morally right for the sake of big business corporations. Tort Reform is the complete opposite of a taboo topic. Tort reform is such a controversial topic that is still talked about in the newspaper and other social media outlets even today.

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Tort of negligence is the failure to act as a reasonable person to exercise the standard of care required by the law and resulting in damage to the party to whom the duty was owed. To prove negligence, the claimant must show that the defendant causing the damage was not only the actual cause of damage. He also show that the proximate cause of the damage. Proximity is the legal relationship between the parties from which the law will attribute a duty of care. And to prove negligence the type of the damage that occurred must have been foreseeable.

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In this milestone we will be looking at a few key items of employee and labor relations. Some items that this paper will cover are things such as employee discipline, performance management and employee and labor relations. First, we will start by looking at employee discipline. Employee Discipline: Analyze punitive and nonpunitive disciplinary approaches, and explain their impacts on employee relations. When talking about employee discipline there are two schools of thought.

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Harassment can include, for example, offensive comments about a person 's religious beliefs or practices. Harassment is so recurrent, severe that it creates a hostile and offensive work environment. It results in a negative employment decision such as the victim being fired, denied or demoted. The harasser can be the victim 's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Employer has to accommodate an employee 's religious beliefs or practices based on the law; Title VII of Civil Rights Act.

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Assignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.

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1473 Words | 6 Pages

Workplace bullying is a growing issue for all the organizations to manage people. Bullying is defined as acts or verbal comments that could 'mentally ' hurt or isolate a person in the workplace. As well as, sometimes bullying can involve negative physical contact. Furthermore, bullying usually involves repeated incidents or a pattern of behavior that is intended to intimidate, offend, and humiliate a particular person or group of people. Some scholars described bullying as the assertion of power through aggression (Workplace Bullying Institute, 2015).

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A different between criminal law and law of tort is that the main purpose of law of tort is to compensate people who suffer harm and not punish the people who caused this harm, a different between law of tort and contract law is that the law of tort makes as liable to people with whom we have no previuous relationship. “The defendant is in same sese at fault, either because he intends harm or because he take unreasonable risk of harm. As for the breach of contract, it not be considered tort”

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Sexual harassment and sexual assault are very serious issues happening today in the workplace. Women or men have suffered from unsolicited sexual behaviors that are typically provoked by someone “higher” in position. “Sexual harassment especially has been a fixture in the workplace since women began to work outside their homes” (Fitzgerald, 1993). It is solely the responsibility of the employer to ensure that all employees within are aware and are very cautions of laws, misconduct, and liabilities. Employers must enforce the Policy Prohibiting Discrimination and further extend those laws and guidelines to their employees.

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Theoretical Framework This study is postulated on the theories, concepts and principles regarding on Workplace Bullying and its impact on employees productivity and performance. According to Einarsen’s conceptual framework Model (see Figure 1) of the nature and cause of workplace bullying (Einarsen 2003; as cited in Einarsen, 2005), three elements can describe the causes of workplace bullying: individual, social and organizational. Hoel and Stalin (2003; as cited in Lewis, 2004) suggested that there are four antecedents to organizational causes of workplace bullying, namely: the changing nature of work, how work is organized, the organizational culture, and leadership. The changing nature of work can be attributed to globalization, mergers and the current economic recession, among others (McCarthy, 2003).

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