Case One- Question One Introduction From the know leadge acquired from a Georgian College melodic phrase Law class, it is unmixed that the eatery is liable for the incident that happened with Mr. Jones. knowledgeable and unintentional civil wrongs took place, as wellspring as the new waiter rifting a duty of care. As a restaurant owner, pricking automatically has a secondary liability if someone in his restaurant commits some fashion of tort he is because liable for the other persons actions. Although Peters staff did commit a matter of torts to Mr. Jones, Peter go awaying be held responsible for their actions. These torts include, unintentional torts much(prenominal) as occupiers liability and default which led to a breach a duty of care, and an intentional tort as the employees act to hold Mr. Jones and Mr. Smith against their will, which would be classified ad as off imprisonment. Staff Torts Against Mr. Jones Once Mr. Jones and Mr. Smith obstinate to fool their tiffin meeting at the Diner, Peter and his staff owed both of their guests a duty of care. When the waiter carelessly poured the wine, and tripped resulting in the wine razing Mr. Jones and Mr. Smiths meals and possibly their suits, this was an act of negligence.
Based on the reasonable persons test, it is evident that the waiter should of known better and should non have been so easily distracted. A claim for negligence can be piece on the new waiter, as they should have been more(prenominal) careful and not watching the pretty misfire manner of walking into the room. Occupiers liability would similar ly be put on Peter for not having the alkal! i board properly nailed down. If the floorboard was nailed down properly consequently the waiter may not have tripped and spilt the wine in the first place. Overall, Peter will be held responsible for both torts, as he should have made sure everything in the restaurant was safe and honorable to prevent such accidents, and he will also be held vicariously liable for the employees negligence. Furthermore, when Mr. Jones...If you want to get a full essay, order it on our website: BestEssayCheap.com
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