Employment and Law of Tort - Essay Example

The law provides for anyone who has been wrong to seek redress on the grounds that have resulted into the loss (Klar, 99). Those individuals who have suffered losses due to tortuous injury are entitled to monetary compensation. In this case, the extent of legal injuries is not limited to those of physical but to the extent, that it covers the emotional, reputational, and economic. Of all the liabilities related to tort, negligence takes the lead (Cane, 67). Negligence is when one is fails to observe the duty of care at work place resulting into one of the injuries mentioned above.

In such a situation when one knows or is expected to know what should be done and deliberately or not fails to do as expected thus resulting into a loss, he/she is held liable for the losses (Larouche, Pierre, Jeremy , and Walter, 132). Tort is thus categorized into many ways as Quasi-torts, the intentional tort, and the negligence tort (Cooke, 112). This category implies that in any event of tort, the liability will be classified into any of the sub categories of tort. In this case, study, the different cases in the Mavis enterprise is are considered and appropriate legal decision is given to him so that he can seek redress where applicable.

The following are legal position of the cases in relation to tort. Case 1 It is important for Mavis to understand the stipulations of the contract between her and the employer. This will enable her to determine whether the employee’s action warrants termination of the job or not. It is also important to classify the type of tort involved and to determine whether it has resulted into any financial loss or not (Geistfeld, 78). Following the situation given in the case, Nell has only been sleeping in the store during low season in which the customers are known to be reasonably scarce (Deakin, and Angus, 88).

Though the customers may be scarce during sometimes in the year, it does not imply that the employees should deviate from the normal duties of the work place. The decision to terminate Nell’s engagement in the cafe verbally is not legally recognized. Nell’s conduct can be classified as Negligence in consideration of tort law. Within the negligence, it is further classified as dereliction and breach of duty. Once Nell accepted to sign a contract with her employer, Mavis, she ought to have observed the duty of care to ensure that all the duties are done immediately and that no one goes without service.

This position does not consider the extent of customer availability (Edwards, Linda, Stanley, and Patricia, 154). Even in the law season, one cannot tell when customers can come and when they are not. It was therefore the responsibility of Nell to keep vigil all the time as a manifestation of the duty of care. Mavis should explore filling a suit under the tort law regarding negligence and Nell would be made to pay in monetary the amount Mavis would have lost due to her negligence. Case 2 The Case of Olga and peter is also considered under the tort law, Olga had prior knowledge that the pulling the chair intentionally can/will cause injury to peter and went ahead to pull it.

This is considered under intentional torts (Elliott, Catherine, and Frances, 201). Mavis the employer should thus consider filing a suit against Olga to foot the bills for that will be accrued during the treatment of Peter and any other inconveniences rendered. Without Olga’s action of pulling he chair, Peter would have not sustained a waist injury. Olga should thus be made to make the payment for any cost in terms of medication and hospitalization of Peter since all the problems emanates from her.

Since Olga’s conduct is considered tortuous, the best legal action to be taken in this regard is filing