Case Scenarios Bugusa, Inc
1922 words 8 pagesCase Scenarios BUGusa, Inc
LAW/421 Contemporary Business Law
Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain.
WIRETIME, Inc., has committed a tort which is “a civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party” (Melvin, S.P., 2011, p. 208). Tort was committed, because WIRETIME, Inc., made a statement, that will hurt the Bugusa, Inc., reputation. The statement made is called defamatory statement which is “A false and defamatory statement concerning a party’s reputation or honesty, or a statement that subjected a party to hate, contempt, or ridicule. In order to qualify as …show more content…
In the case of the vandalized vehicles and the robbed employees, it is necessary to establish what negligent conduct by BUGusa contributed to the damages that took place. The employees can argue that some of the lights were burnt out and contributed to the thefts. However, the scenario states the parking lot was well lit; which implies reasonable measures to protect the employees. Therefore, attributing the cause of the damages to the burnt light bulbs would be unreasonable. BUGusa could use as a defense the lack of a ‘cause in fact’, arguing that the burnt lights didn’t cause the vandals or thieves to commit the crime. In other words, having all the lights working wouldn’t have necessarily prevented the damages from taking place. The same applies to the vendor that got robbed while waiting for the dock supervisor to return. There is not sufficient evidence to establish all five elements that constitute negligent liability. As a defense BUGusa could use comparative negligence or assumption of the risk. Assumption of the risk is permissible as a defense when “the plaintiff should have known that the risk was inherent…and voluntarily participated in the activity” (Melvin, 2011, p. 223). The scenario clearly established that the crime wave was well known to all the residents. Comparative negligence can be attributed to the employees and the vendor by failing to take measures to protect themselves from the known crime wave.
Scenario: BUGusa, Inc. (Randy and