Betsy and Joel went to law school together and they now work together as lawyers
ID: 340200 • Letter: B
Question
Betsy and Joel went to law school together and they now work together as lawyers at the same company. They always had a great working relationship until last month when Betsy was given a promotion over Joel. At the holiday party, Joel had a little too much to drink and started telling a few people at the company that Betsy cheated in law school. Dave, the CEO of the company, heard from his secretary, Dee, that Betsy had cheated in law school, and Dave quickly takes Betsy off of a couple of big deals the company was working on. It turns out that Betsy never actually cheated in law school and Joel was simply spreading rumors because he was jealous. What tort claim may Betsy bring against Joel? Explain whether Betsy will prevail in her suit against Joel by analyzing each element of the tort claim. (12.5 pts)
Question #3(b)
Can Betsy sue Dee? Explain why or why not. (5 pts)
Question #3(c)
Can Betsy sue Dave? Explain why or why not. (5 pts)
Explanation / Answer
Answer:
Tort Law : Tort is defined as the damage to the civil person (third party) due to the intended or unintended action of business employer, employees or it’s authorized agents.
In other words, due to the action of business employer, or business employees, or employer’s authorized agents, had any damage/ harm/ impact on customer / any third party, then it comes under tort law. So basically Tort Law helps to secure or protect the customer or third party from the impacted action of any employer of its associated agents.
Answer 3(a)
Betsy may bring Intentional Tort Claim against Joel for the act Joel had done in making rumor about for Joel that Betsy had cheated in the Law school. Thus the intention tort claim approach is the right approach for Besty because Joel had intentionally humored that Joel had cheated during her law school. This made an insult and issue for Besty in the organization and the CEO of her organization has removed Betsy from many new important projects where she was assigned initially before the humor made by Joel.
Yes, Betsy will prevail in her suit against Joel by analyzing each element of the tort claim. Because it was already found that Joel was jealous with Betsy after Betsy’s promotion and he humored about Betsy after a drink that Betsy had cheated during his school days.
Answer 3(b) –
Yes, Betsy can sue Dee, the secretary of the Dave CEO, because she belived the humor information and without understanding the correctness of this information, she passed the information to CEO dave, who had taken action against the Betsy, where she is not guilty. Thus an action of Dee, resulted in a punishment for a innocent people. Thus Betsy can sue against the Dee.
Answer 3(c) -
Yes, Betsy can sue Dave, the CEO, because Dave believed the humor information provided by her secretary and without understanding the correctness of this information, and he had taken a decision to remove Betsy from important projects where she was assigned initially before the humor. Thus CEO Dave had taken action against the Betsy, where she is not guilty. Thus an action of Dave, resulted in a punishment for a innocent people. Thus Betsy can sue against the Dave.
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