1 Project III Tort Law Anthony DeLorenzo BUS-206 Instructor Terri Simmons February 15, 2023
2 TORT LAW A tort is a defined as a "civil wrong or injury to another that gives the injured party, (other than breach of contract), the right to bring a lawsuit against the wrongdoers to recover compensation for injuries". Business torts affect a business. A wrongful action may be taken against a business because it has caused some form of harm. Businesses could have a "loss to profits, damage to its reputation, and loss of its competitive advantage". "Business tort law allows businesses to seek remedies against individuals or other businesses whose actions causes them harm". There are 3 types of tort law: Intentional, Negligent and Strict Liability. TYPES OF TORTS Intentional tort is a type of tort where the individual acts with an intention that results in injury. Negligent tort is a type of tort where an individual fails to act as a reasonable individual and their actions result in harm or injury to another. Strict liability tort is a type of tort where an individual takes an action that is dangerous and cannot be done in a safe manner. In the scenario, negligent and strict liability torts can be used. LEGAL CLAIMS In the given scenario of The Friendly Dawg and Sunshine Yoga Studio, Dave, owner of the Friendly Dawg can be guilty of a negligent tort. When Dave decided to expand his business by adding live animals to sell, he potentially put others at risk because of the type of animals he decided to
3 sell. Snakes, especially have the potential to put others at risk should they escape their cages. However, any animal that could escape their cage has a potential to cause harm to an individual. Jasmine, owner of Sunshine Yoga suffered a heart attack when the snake escaped its cage and found its way into the yoga studio. The animals Dave had brought in to sell also made a lot of noise and caused Jasmine to lose customers because of the noise. Dave could be found guilty of negligence. A claim of strict liability could also be brought against The Friendly Dawg and owner Dave. In a strict liability tort claim, Dave has a legal responsibility and duty to keep the pets he had for sale in the backroom safe and prevent them from causing harm to anyone. Since Dave owned the pets he kept, it was his responsibility to keep them quiet and keep them from escaping their cages. Jasmine, owner of Sunshine Yoga, could claim a strict liability and negligent tort against Dave, owner of The Friendly Dawg. Jasmine and Sunshine Yoga could have a legal claim against Landlord Lou because he did not ensure Jasmine's "quiet enjoyment" right, that is a part of her lease. Lou was to provide Jasmine with a space where she could run her business and would be safe and not be disturbed by anyone. Landlord Lou could be liable for Jasmin's