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Business Law Scenario 4

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Business Law LT Assignment
Scenario 4 & Conclusion

Scenario 4
Buy Mart Shooting:
In this scenario the tort actions presented will be listed in two separate cases. One case will be the claims against the Buy Mart employee by the customers that got shot. The second claim will be from the shooter against the two Buy Mart employees.
Tort law involves violations of civil law, not usually criminal law. Three elements must be established in every tort action. The plaintiff must establish that the defendant was under legal duty to act in a particular fashion. The plaintiff must demonstrate that the defendant breached this duty by failing to his their behavior accordingly. Also, the plaintiff must prove that he suffered injury or loss as a direct result of the defendants breech. Tort actions are brought by private citizens. Tort remedies include money damages and injunctions forbidding particular conduct (2012).
The Tort actions in case one will be the injured customers will want to sue Buy Mart (the agent), for the negligence of Stephen the employee that allowed Luke, the shooter to have both the gun and the ammo in his possession at the same time, thus, providing Luke with the opportunity to shot at the customers.
The Tort actions available for case two would possibly be that Luke would sue Buy Mart (the agent), Stephen and the security guard for intentional Tort of false imprisonment and assault and battery. The assault and battery would be from the kicking in the closet and the false imprisonment would come from Luke’s request for medical attention.
There are three main defenses in tort liability – consent, contributory negligence, and illegality. In case two, the shooter Luke, could claim contributory negligence. This is where the defendant and the plaintiff are both involved in wrong doing and the court decides what percentage of liability is owed by

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