Tort Law
Southern New Hampshire University
Business Law/BUS 206
Professor
18 April 2021
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There are three types of tort laws that protect individuals that have been wronged by
others in a civil matter. The first is intentional tort which is the resulting injury was committed
against the individual intentionally. The second is negligent tort, where "the defendant acts in a
way that subjects other people to an unreasonable harm." (Kubasek, et al., 2020, p. 196) The
third is strict-liability tort which is the defendant actions are inherently dangerous and cannot be
undertaken safely.
The relevant tort law that applies to Jasmine saturation is the negligent tort. To prove her
case, she must prove the four elements which are duty, breach of duty, causation, and damages.
"To determine duty of care, the judge or jury must determine the degree of care and skill that a
reasonable people would exercise under similar circumstances." (Kubasek, et al., 2020, p. 228)
Breach of duty is when a defendant breaches such a duty by failing to exercise reasonable care in
fulfilling the duty. Causation has two elements actual and proximate causes. Actual is the result
of injury sustained by the plaintiff during the breach of duty. And proximate is the actions of the
person who owes another a duty must be appropriately related to their injuries such that the law
considers the person to have caused their injuries in a legal sense.
After review, Jasmine has a case that she could sue both Dave and landlord Lou for
contributory negligence. The legal principle that states, "If the finds that (1) the plaintiff's
conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the
plaintiff's failure was a contributing cause of the plaintiff's injury, the defendant will not be
liable for the plaintiff's injury unless the plaintiff can prove that the defendant had the last
opportunity to avoid the accident." (Kubasek, et al., 2020, p. 238) First, she must prove that
Dave had an obligation to protect those the area from his animals and that landlord Lou ignored
her complaints to correct the issue of the animals. Next, she must prove that Dave's conduct
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violated that duty of care for breach of duty because he didn't ensure his animals were locked up
properly. And landlord Lou didn't properly address the removal of the animals. For causation.
she must prove that Dave's and landlord Lou's breach of duty resulted directly to her injuries and
that he is liable for the consequences for those actions. Lastly, she must prove damages as a
result of Dave's and Lou's actions, which would be the heart attack she had suffered when she
saw the snake.