LEGAL ISSUES

Legal Issues

Legal Issues

Question 1

The Law of Torts

Actions like nuisance are covered by the Law of Torts, brought against a business whose functioning upset the harmony and calm of their neighbours, causing damage to them.

Torts are of three types: intentional; negligence; and strict liability torts. When the wrongdoer engages in intentional conduct then the occurrence of a civil wrong resulting in damages to another is an intentional tort. In a fight, an intentional act is striking another person that would be the tort of battery. Accidentally striking a person would not be an intentional tort as it was not intended to strike the person. However, this may be a negligent act. Conduct implied with carelessness resulting in damage to another is negligence. Negligence is, perhaps, the best example of a tort (i.e., causing injury carelessly to a person or harm to property.) When a tort is committed by a person, he is legally responsible to the aggrieved party. A lawsuit can be brought by the aggrieved party for monetary damages against the party who commits the tort. This is true even when the tort is committed by an individual, who at the time of committing the tort, is acting as an agent for a principal. The individual, whether working or not, is always accountable for his or her actions.

Commitment of Torts within Scope of Employment

Torts committed within scope of employment. If a tort is committed by an agent while executing the business of principal, under a doctrine termed as respondeat superior, the principal is automatically also legally responsible for the torts of agent. This rule is also called the master-servant rule. The principal could have behaved cautiously and sensibly, however, when it comes to defending against a lawsuit it makes no difference. The only real argument that may be offered by the principal in his defence on the commitment of a tort by an agent is that the agent was, actually, not operating the business of principal at the time of commitment of tort. Redtommy can end up the contract with the site agent Mike because Mike is also held responsible for showing negligence by engaging an inexperienced person in the carrying out of an important task. Moreover, Spike is also responsible for unintentional act of permitting bricklayers to use the scaffolding and intentionally by hitting bricklayer.

As a legal advisor, I will advise Whizzitup to pay off the damages plus provision of worker's compensation to the injured labourers.

Question 2

Valuation of the Property

If a property for sale is bought with a mortgage, then basic valuation of the property is conducted by Mortgage Company to assess worth or value of the money paid for that property. If the buyer ask for a full building survey then a surveyor undertake a thorough inspection of the property buyer wish to buy. Full building survey is though expensive but a more thorough and detailed assessment of the condition of property. It is the responsibility of surveyor to turn out a final report uncovering the ...