Paper Example on Torts in the Workplace: Defamation, False Imprisonment, Assault and Fraud

A tort is defined as a wrongful performance or right infringement that leads to political-legal liability. Several types of torts can occur in the workplace. Some of these include defamation, false imprisonment, assault, and fraud. Civil liability allows an individual to sue another person and recover money indemnities, as opposed to the criminal obligation which subjects the wrongdoer to jail time as well as possibly reimbursement to the victim. The tort law governs whether an individual will be held legally blamed for the harm against one another, and the compensation type entitled to the injured party (Dhang 23). Some of the basics to every efficacious tort case include duty, injury, causation as well as breach of duty. The paper discusses the Tort case that occurred to my present Employer and what happened later.

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The case was between Berger and the City of Seattle

BERGER v. MUNICIPAL OF SEATTLE

U.S Law Court

Ninth Circuit, 2010

FACTS The Center of Seattle is a zone of performing in Washington and is known for attracting several people and especially tourist each year. The center is comprised of showgrounds, exhibition hall, the stage, conference rooms, bistros, outdoor arenas, as well as topographies street performance. Under the City's authority, the director of the centers issued rules to address safety apprehensions besides other matters. Among other effects, the recitalists in the street were supposed to attain permission as well as wear budges. After the public members were numerous threatening behavior complaints by the street performer as well as balloon artist Berger, the staff for centers of Seattle quoted Berger for violating quite a lot of rules. Later, Berger funneled a suit in the court of the centralized district against the City, his some of the employees, as well as others, contending, in the chunk, that his free speech rights were violated by the rule under the first U.S Constitution Amendments. A judgment was issued by the court in indulgence of the plaintiff, and the City fascinated by the court of the United States of Petitions for the Course.

The Employer related tort, in this case, is a fraud since the Employer mispresented facts to us as well as the City. The scam caused severe harm to the City and the employers involved since some of his arguments were wrong, but the court acted in his favor.

There are various mitigation measures an employer can implement to eliminate or minimize the future risk after filling a case. To begin with, it is suitable for him or her to accept or assume. He or she is expected to acknowledge particular risk's existence as well as make a thoughtful decision to deal with it without engaging outside parties to control it. Secondly, the Employer may decide to adjust the case necessities to eliminate or reduce future liability exposure (Deakin 17). The Employer can still choose to manage the issue and comply with the planned actions to ensure risk occurrence probability is reduced to the minimum levels.

In most cases, if the Employer does not control the case or the filed case, he or she might end up being exposed, and this may lead to some severe problems in the company. Moreover, making a transfer of the case also serves as a solution of covering the identity. This involves holding other people responsible for handling or causing the risk. Under this, it means the Employer will act away from the case, but the once who will be at the middle are those who the issue has been transferred to. Lastly, the Employer is expected to monitor or watch an event for a modification that may produce an impact on nature as well as the risk impact.

Some wok torts can cause several risks to the company, Employer, as well as an employee, along with other involved parties. Every tort has a different way of occurring, and they differ from one tort to another. In most cases, the Employer or the company owner is expected to implement some strategies to hide him or herself not to be exposed to society concerning some instances.

Works Cited

Deakin, Simon. "Organizational Torts: Vicarious Liability versus Non-Delegable Duty." The Cambridge Law Journal 77.1 (2018): 15-18. doi: 10.1017/S0008197318000168

Dhang, Gargi. "Domestic Workers and Tort Law." Indian Social Science Journal 6.1 (2017): 23. Retrieved 17 March 2020, from https://www.questia.com/library/journal/1P4-1894907613/domestic-workers-and-tort-law