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Business Law revised

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Business Law of Tort
Student’s Name
Institutional Affiliation
Date
Tort Fact Pattern
George is an employee who worked with both Susan an Elaine. Recently after Susan goes for a twenty-one day leave, he is resented with it including the fact that Susan is paid more. He tries to persuade Elaine to join him in campaigning for increased overtime pay and complains about Susan being paid more even though they are more “professional” than her. He goes to the extent of making sexual expressions to show his displeasure with the subject and Elaine’s immediately report him to her supervisor who takes actions after. The supervisor wants George to be terminated from the company altogether. This makes George file a case with the Department of Justice and Civil Rights Division.
Issue 1: Defamation (Tort)
Can George be sued for saying things and showing sexual body signs in a way to spoil Susan’s reputation?
Rule:
Defamation is committed when one uses statements whether verbally or in a printed form to bring malice into one’s reputation. (Greene, B. 2013)
Analysis:
Element 1. George intentionally speaks wrongfully about Susan o in her absence inform of Elaine to make her think unfairly about Susan and the company in general.
Element 2. Knowing Susan was paid more overtime than him, he had no right to use defamatory words and conduct himself unprofessionally before the other employees to get their attention (Eldredge, 1978). Since he had different better ways to express himself and his dissatisfaction.

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Conclusion:
The moment George uses defamatory statements and sexual signs while referring to Susan, with the intention of spoiling her character. (Steele, J. 2010). He commits a tort and has to answer a case before his employers for the wrong deeds including being sued in a court of law.
Issue 2: Negligence (Tort)
George can be sued for negligence. The actions done by George can be graded as part of negligence in a court of law.
Rule:
As Greene asserts, negligence occurs when one does actions that undermine the rights of others (Greene, B. 2013).
Analysis:
Element 1: Actions done by George, especially on the part on his drinking problem makes him become a nuisance to others. His actions undermine the rights of his fellow employees including his supervisor.
Conclusion:
The moment George brings about his problem of alcoholism into the company and brings disturbances, he is engaged in negligence, and that is why the company is trying to rehabilitate him (Eldredge, 1978). This makes him answerable for negligence before the court.
Issue 3: Work Place Safety Laws
The company can be sued for not providing the best safety for their employees in the working environment.
Rule:
The occupational safety and health act of employees requires that safe and healthy employee workplace should be kept.
Analysis:
According to George he states that the company had not provided them with the best working environments. The company knows that some of their employees are susceptible to Huntington’s disease and has not taken any steps to protect them.
Conclusion:
The fact that the employees are complaining about their safety at the workplace shows that the company is liable to be answerable before the court of law. Every employer has the mandate to provide the best working conditions for their employees to protect them.
References
Greene, B. (2013). Course Notes: Tort Law. Routledge.
Eldredge, L. H. (1978). The Law of Defamation. MICHIE.
Steele, J. (2010). Tort Law: Text, cases, and materials. Oxford University Press.

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