1. Assessment 2 Instructions: Case Law Analysis – Tort Law
Write a 2-3 page paper on a business-related court case that is relevant to tort
law.IntroductionWhen one party damages another party, in a non-criminal context, the
aggrieved party is entitled to restitution. This is one of the most important concepts of tort
law. In other words, making a party legally responsible for damages is the main purpose of
tort law. A judge or jury will attempt to determine exactly what needs to be done when an
aggrieved party can demonstrate damages, and what those damages should be in order to
return the aggrieved party to the state that they were in prior to the alleged action. Of
course, no one can go back in time and change what happened; therefore, damages are
always paid in the form of money.One reason why torts are important in a business context
is that virtually all commercial enterprises deal with the public by providing products,
services, or other commercially relevant activity. Unfortunately, consumers often suffer
harm due to unintentional (or, rarely, intentional) damages caused by faulty products or
negligent services.Criminal penalties cannot be attached to business entities. If a crime is
committed, the government charges specic individuals within the corporation who may be
responsible, not the business entity. Yet, society recognizes that businesses, out of
negligence, ignorance, or malfeasance, may cause injury to another party. Tort law imposes
standards by which such injured parties can seek recompense from the corporation in civil
court. Whereas an entire corporate entity cannot be tried in a criminal court, it can be a
defendant in a civil court. Keep in mind that there is a significant difference between tort
law and criminal law. Criminal penalties could be applied to individuals if there is evidence
of an illegal motive or criminal negligence. Torts, on the other hand, typically involve
negligence, which is a breach of a duty of care.OverviewTort law is based on the notion that
if one party harms another intentionally or by being careless or reckless (negligent), then
the aggrieved party may be entitled to restitution and be made whole. In some cases, there
is strict liability, as in cases of defective products. If a product is found to be inherently
unsafe or defective, strict liability is imposed; “strict” means that neither intent nor
negligence needs to be proven.Sometimes, a tort may also be a crime, as in the case of
assault. Such a case can be brought both civilly and criminally. Here, we are only concerned
with civil court cases. The court (using a judge or jury as fact-finder) will attempt to
determine what damages are appropriate where a tort has been committed.A court will
attempt to determine exactly what needs to be done when an aggrieved party can
demonstrate damages, and what those damages should be, in order to return a party to its
state prior to the alleged action. This remedy is almost always money because, in reality, no

2. one can go back and undo the wrongful action.PreparationThe first step in preparing your
case law analysis is to locate a published court decision and select an organization you
believe would be impacted by the decision.Choose a decision about tort law. To help you get
started, use the and these well-known searchable databases of court cases. Try to imagine
yourself as either the plaintiff or the defendant in the cases you review to make these cases
meaningful to your life.Findlaw. (n.d.). https://caselaw.findlaw.com/court/us-supreme-
courtLegal Information Institute. (n.d.). http://www.law.cornell.edu/supct/Nolo. (n.d.).
http://www.nolo.com/legal-encyclopedia(n.d.). https://www.oyez.org/