Tort Cases and Risk Management Plan

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Tort Cases
PART 1
1. The case of Rose and her business of a shop and café raises several issues concerning various
torts committed to her customers by both Rosie and some of her staff members. The following
are the torts raised in the Rosie’s case scenario; Public nuisance, tort of negligence, tort of
defamation, tort of deceit and contributory negligence.
2. Three torts with possibility of being proven in a civil action.
a) Negligence
An action for the tort of negligence can be raised into two different courses of actions from this
case scenario. In the first case of negligence the Plaintiff will be Marc while the defendant will
be Rosie Gourmet. Under this action the defendant will be raising liability for defective meal that
does not meet the required safety and hygiene standards. The case of Donoghue v Stevenson
[1932] AC 562 tried to establish the duty of care as one of the element of proving negligence.
The case also established the neighbour principle. The following are therefore the element of tort
of negligence;
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Duty of care- the defendant must owe the plaintiff a certain duty of care which must be exercised
during offering of any services to the plaintiff.
Breach of Duty- in exercising the duty of care, the defendant must act within certain reasonable
standards. Acting below those standards results to breach of duty of care
Damage- as a result of the breach the plaintiff must suffer an injury or harm
Proximate cause- the substandard act of the defendant should be the direct cause of the damage
suffered hence the plaintiff must establish a direct causal connection between the careless
conduct and the damage suffered.
The above elements were also illustrated in the case of Grant v Australian Knitting Mills (1933)
50 CLR 387.
In the second case of negligence the plaintiff will be Lulu while the Defendant will still be Rosie
Gourmet. The plaintiff will prove the above elements of negligence as a cause to her slip and fall
accident as discussed above. The plaintiff will be awarded the following types of damages upon
success of his suit; economic damages for medical bills incurred to treat Marc and injury caused
to Lulu as a result of falling and the cost of torn dress, aggravated damages for mental anguish
that Marc might have suffered and the shame and disgrace caused to Lulu when she fell on the
ground and finally punitive or exemplary damages to punish Rosie and deter her form repeating
the same mistakes again.
b) Defamation
The tort of defamation is categorized into libel and slander. Rosie is liable for the tort of libel as
a defendant while the plaintiff is Neighbour café. The following are the elements for Libel; the
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