Business Law Analysis
Tort Law
Example #1:
In the case of the driver in example one, where a driver was approaching the intersection, they
had the right of way at the intersection since the light was green. The driver did not realize that a
pedestrian would start crossing the road when they weren’t supposed to, and since they couldn’t
stop their vehicle on time, they ended up hitting the pedestrian, causing serious personal injuries.
In this case if the pedestrian does try to file a civil suit, they would have to prove that it was the
driver who was negligent while driving. The plaintiff; whom in this case would be the
pedestrian; can try to claim pecuniary damages. The defendant; who would be the driver; can
successfully argue the defense of contributory negligence, to prove that the driving laws
permitted them drive through the intersection at the green light without stopping, was not at
fault, and that the plaintiff should have waited for the light to turn red for on-coming traffic
before trying to cross the street. If the plaintiff fails to shift the blame for the accident onto the
defendant, then the plaintiff will not be compensated. In this situation the tort law does not
provide a remedy to compensate for the plaintiffs damages.
Example #2:
In the case of example two, where a delivery driver was approaching an intersection, and they
stop behind a car at a red light, but when the light turns green, but the car in the front doesn’t
move, and the delivery driver becomes frustrated and hits their vehicle to the vehicle in the front,
and their negligence causes personal damage to the front driver, so the delivery driver should be
held as the tort-feasor.
The driver in the front vehicle can file a civil suit against the delivery driver by claiming that the
primary liability is of the driver. The plaintiff; whom in this case is the driver of the front
vehicle; can also hold vicarious liability against the company, for whom the delivery driver
worked for since at the time the driver was working on furthering the interest of their employer.
The plaintiff can file for pecuniary and non-pecuniary damages since the accident caused them
personal injuries, which could also cause loss of income. The plaintiff can also ask for punitive
damages. The plaintiff can claim that the defendant could have honked at the plaintiff to signal
him to move, instead of becoming agitated and driving into the plaintiffs’ car. The monetary
amount awarded to the plaintiff can help with any loss of income, damage to their car, and
compensate them for their pain and suffering. In the civil suit, the defendant may use
contributory negligence against the plaintiff, by claiming that the plaintiff also didn’t comply
with the driving laws since they didn’t begin driving their car once the lights turned green. The
defendant might try to prove different ways that the plaintiff was negligent, for example they
might say that the plaintiff wasn’t wearing his seatbelt while driving, or that the plaintiff might
