Tort Liability, law homework help

timer Asked: Aug 5th, 2016
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Question Description

Imagine you own a taxi cab business - ABC Taxi.  One evening, Melissa Smith stood outside her downtown hotel, hailing a cab.  The driver of an ABC Taxi, Max Speed, came to a screeching halt at the curb.  Ms. Smith opened the rear door of the taxi and began to climb inside.  As she climbed inside, Ms. Smith placed her right hand on the roof of the car where the top of the door would close.  Suddenly, the cab driver accelerated, causing the rear door to slam shut onto Ms. Smith's hand.  Ms. Smith suffered broken bones in her right hand and wrist.  She also suffered a neck injury as she was thrown against the back seat when the taxi lurched forward.  Mr. Speed later explained that he accelerated suddenly to avoid being struck by a shuttle bus, which he thought was about to collide with the taxi when he saw it approaching very rapidly in his rearview mirror. 

Write an evaluation of this case in a minimum of 1,400 words in which you include the following:

  • Identify some of the potential torts that might arise from this business context. 
  • Explain whether or not the driver for the company, Max Speed, is liable for any of the injuries Ms. Smith suffered.
  • Explain whether or not the company, ABC Taxi, is liable for any of the injuries Ms. Smith suffered.
  • Discuss ways to prevent or mitigate the risk of the potential torts.

Cite a minimum of 4 scholarly references.

Format your paper consistent with APA guidelines.

Tutor Answer

Prof Newton
School: UT Austin


Running Head: TORT LAWS


Institution Affiliation





The diverse sorts of tort are Intentional torts and Unintentional torts Intentional torts are the point
at which a man plans to make harm someone else (Swisher, 2011). The distinctive classifications
that purposeful torts are under are: strike, battery, false detainment, shoplifting, gratefulness, and
intrusion of the privilege to security, slander of character, derision, distortion, and deliberate
punishment of passionate pain.
Inadvertent torts are likewise called carelessness. This is the place the litigant causes hurt by the
results of his or her activities. Negligence requires that an obligation of consideration is owing to
somebody, the obligation is broken, and harm happens to someone else due to the break
furthermore causes damage.
The situation applicable in this case is the tort of managing business risks. However, the taxi
client may argue the suit in court that the taxi man had been speeding and he did screech to a halt
for her to board only to take off before she is settled in hence causing her both physical and
emotional injury.
The broken bones is an actual proof of a breach of the standard of the conduct of the driver, and
Mellissa can use the same in a court of law to proof a break of her interests by the taxi driver.
Though the tort of negligence is maybe applied on the taxi driver, the exercise of determining the
duty of care by the claimant could minimize the liability of the defendant. This could be urged by
the fact that despite the fact that the taxi driver came to a screeching stop and was already over
speeding when he got to here she continued to board the taxi. This could be a case of negligence
also to the claimant by the fact that she did not question the integrity of the taxi driver before
boarding the taxi.



To conclude on t...

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Good stuff. Would use again.

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