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Hi, I need some help on this assignment for business law for case study two scenarios are given so need it to be analyzed separately: CASE: Dan lived next door to a mean-spirited neighbour, Bubba, who...

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Hi, I need some help on this assignment for business law for case study two scenarios are given so need it to be analyzed separately: CASE: Dan lived next door to a mean-spirited neighbour, Bubba, who constantly complained about Dan and his family? Eventually Dan decided to sell his house and hired Rob, a real estate agent. One day Bubba yelled insults at Rob as Rob was leaving an open house. Bubba suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his briefcase at Bubba, Bubba hit him above the eye, causing a serious cut requiring stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob couldn't work for two months because of the injury. Dan took his house off the market and rented it to a couple who seemed quiet but had noisy parties that woke Bubba every weekend. The couple also acquired a dog that kept digging holes under the fence so that it could bury bones in Bubba’s back yard. Dan refused to do anything about this when Bubba complained. Rob and Bubba sued each other for assault. Bubba sued Dan and the couple for nuisance. Explain what law suits may (or may not) succeed and why, citing what elements of these torts must be proved and any defences that might be raised. CASE: Joe was drunk and driving his car on a lonely road. When he saw Leone (who turned out to be a concert pianist) waiting at the side of the road, he opened the door and offered her a lift. Leone got in despite the fact that she could smell alcohol on Joe's breath. Subsequently, Joe was in an accident, in which Leone’s hand was smashed. Leone has sued him for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful. In addition, Joe argued that there is no way he could have known Leone was a concert pianist. Explain the outcome of this argument.
Answered Same Day Dec 31, 2021


Robert answered on Dec 31 2021
84 Votes
Law of Torts
Law of Torts

1 | P a g e

Case 1:
This is a case of a civil wrong. Here bu
a has been constantly complaining about Dan and his
This has caused Dan and his family unnecessary harassment and hence they decided to
shift home. The harm caused was intentional because Bu
a was a mean person and it was
proved that he was mean. The real estate agent was in no way concerned with Bu
a and was
discharging his duty as an inspector of the home that Dan was planning to sell. Bu
a showing
his mean attitude, rushed at Rob and hit him on the eye causing injuries. Though the intent was
the anger directed at Dan, it ended up as an assault on Rob. Bu
a was a
ested and sentenced
for criminal wrong doing. This is an intentional harm done to Rob and hence according to the
law of torts a person‟s behavior has unfairly caused someone else to suffer a loss. Though the act
was not illegal, it has caused harm to Rob and hence Bu
a should compensate Rob for not
only his hospitalization charges but the loss he suffered on account of not being able to go to
office due to his injury.

The ruling of lord Aitkin‟s hold relevance here “The rule that you are to love your neighbor
ecomes in law, you must not injure your neighbor: and the lawyer‟s question, who is my
neighbor? receives a restricted reply. You must take reasonable care to avoid acts or omissions
which you can reasonably foresee would be likely to injure your neighbor. Who then is my
neighbor? The answer seems to be - persons who are so directly affected by my act that I ought
easonably to have them in contemplation as being affected when I am directing my mind to the
acts or omissions which are called in question”

Miller v. Jackson [1975]
Donoghue v Stevenson [1932]
Law of Torts...

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