Case analysis research project (Research Paper Sample)

Case analysis research project
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Introduction
In this passage, there are multiple cases arising between the parties and some of these cases can be filed in court and be successful. Others can be filed but the defendants may use relevant defense mechanisms and evade the consequences. The courts have also several remedies stipulated to the defendants who are found guilty of committing the offensive acts. We have some parties in the passage who can be sued by others for multiples offenses they might have committed to the offended party. In any case, we often have the plaintiff or complainant and the defendant. Thus, the plaintiff files a case in court against the defendant after having a belief that he/she has been wronged by the other party and he is ready to prove to the court beyond reasonable doubt that the defendant has caused harm to him. The work of the court is just to look at the material facts given by the plaintiff and the defendant’s arguments facts to determine the actual state of the case and make fair judgment. In this passage, the cases arising range from contract law, the law of tort, law of agency and many more. We shall look at some of the cases, their defenses and the remedies the court can award the defendants.
The two major parties that have multiple cases are Bart and his employer Bill. We can see that indeed Bart has suffered greatly because of Bill his employer. We find from the passage that Bart has been Bill’s computer engineer employee for 15 years. This means that the two parties trust one another that is why they have worked together for such long. Bill calls Bart to abandon his job in Florida and travel to Indianapolis assuring that he is going to make him a permanent employee for the rest of his life time. Bart without doubt because he knows his employer very well and trust him and decide to put on sale his house in Vera Florida to go to Indianapolis to work for Bill.
Funny enough after few months Bill dismisses Bart because of the economic reasons. Moreover, he promises to pay for him tae house expenses, later on he refuses to honor his pledge. Now Bart finds himself in awkward situation in that he is jobless and at the same time he has sold his house in his former homer. In this situation, Bart has really suffered injuries just because of his boss. There are several cases Bart can file against Bill according to this situation basing on certain cause of action for the damages caused.
First, Bart can sue Bill for Negligence. The tort of negligence is the breach of duty caused by the omission to do something which a reasonable man could do (Tufal, n. d). On the other hand, actionable negligence is the neglect of the use of reasonable care or skill towards a person to who the defendant owe the duty of reasonable care where the plaintiff has suffered damages. Here, Bill showed his negligence when he failed to reason that Bart has sacrificed himself to leave the job he was doing in Florida to come and take the supervisory duty he had been called for. Bill does not reason that Bart trusted him because he has been his employer for many years. Instead he ended up dismissing him from the new job due to his own economic issues. Thus, Bill proved to be careless and unreasonable by dismissing Bart.
For this action to be successful in court, Bart has to prove that the defendant Bill owed him a duty of care (Tufal, n. d). He should also prove to the court that there has been a breach of that duty of care by the defendant Bill. Moreover, Bart has the task to prove to court that because of the negligence of Bill his employer, he has suffered damages. The tort of negligence embraces the above three ingredients, therefore, the plaintiff would not successful sue the defendant if he does not satisfy the court over the three issues. Negligence case was first filed in the case Blyth Vs Birmingham waterworks co. of 1856.
However, Bill the defendant can still defend himself in court using the defense called contributory negligence. This is where the defendant argues that the damages caused may have been to some extent contributed by the plaintiff (Tufal, n. d). Bill can argue in court that Bart himself put himself in problems because by calling him to come and work In Indianapolis did not means that he sells off all his property in Vero. On the other hand, he can still argue that the promise given to employee Bart was not legally bound since they did not sign any where to show that he had to employ him permanently. It was as if they were making a contract but a valid contract should be written and signed by both parties hence the plaintiff does not have any legal base why he is suing him for dismissing him from the work. For these arguments to hold water in court, the defendant should give facts which are beyond reasonable doubt that the plaintiff actually also contributed to the damages suffered.
Another cause of action Bart can bring against Bill is nuisance. Nuisance has been defined in law as the unlawful interference with somebody else enjoyment, peace or rights (Oup.com, n. d). The essence of nuisance is unjustifiable which interferes with another person’s enjoyment. Bart in this case was settled peacefully and enjoying in is home and office in Florida. When Bill called him to offer him a job, that when Bart came up with the issue of selling off his house and other property to migrate to the new settlement in Indianapolis. This can be categorized as private nuisance since he is the only one that suffered the damages. Bart really was interfered of his work by the new job offer by Bill. The tort of nuisance was first decided in the case SoltauVs Held of 1851 and was also decided in Campbell Vs Paddington Borough council of 1911.
When Bart the plaintiff in this case, the court will order Bill the defendant to pay the damages caused as a remedy. On the other hand, the defendant may argue in court by using the defense of triviality. In this defense, the defendant tries to prove that the offense he is sued against as nuisance is actually insignificant (Oup.com, n. d). Bill can argue that Indeed Bart may have been interfered but the damages are not too much and again he was a job seeker that is why he readily accepted the new offer of the job. When the court is satisfied with the material facts given by Bill, then the plaintiff may loose the case.
Still between Bart and bill, Bart can against sue him in court for the tort of false promise (Fridman, 1996). False promise is where a party makes a promise to another party where the other party trusts and believes that his counter party would honor it. False promise is held to be a tort when the defendant proves that actually he suffered damage due to relying on the promise of the defendant. Sometimes the court may want a valid written promise duly signed by the promisor to prove that actually he pledged that thing.
Bill promised that he will employee Bart permanently if he accepts to move from Florida to Indianapolis (Fridman, 1996). Bart relies on the promise and decides to go to Indianapolis. After barely six weeks, Bill releases Bart that he can no longer accommodate him because of the economic reasons. Moreover, Bill promised that he would take care of the house expense for Bart but later on changed his mind and refused to honor the pledge. These are false promise which one can file a legal action in court. Therefore, Bart has only the task of justifying to the court that he really suffered damages as a result of the promises that his employer Bill made.
However, Bill can still defend himself that he did not promise to do anything because they had not signed anywhere with the plaintiff. He can ask the plaintiff to come up with the valid agreement to prove that he had promised something. Nevertheless, the court can still look in the material facts given by both parties and determine the truth and take a justifiable action.
Another case that is seen from this passage can be between Barney and Bart. Barney can successful file a case in court against Bart for selling him a house that owed $225, 000 and accepting to sell it at $175,000. Bart can file a case basing on the tort of misrepresentation. This is where one party to a contract conceals some information regarding a particular issue in the contract so as to entice the other party to enter into a contract. It is required by law that when signing a contract, every party must disclose all the necessary information to the other party. This is so because when the one party misrepresent the material facts and mislead one party to enter into the contract, the court may declare that contract to be void hence compel the defendant to compensate the other party.
Barney would argue in court that the agent or Albert Bart’s son did an offer showing the intention to sale the house. Therefore because he was in a position to purchase the house, he accepted the offer and signed with Bart’s agent and paid for the house. After some time he realized that he was tricked to buy the house at a lower price when the house was supposed to sale at a higher price because it owed that higher amount. Therefore, Barney would try to convince the court that actually he was not made aware that the house had a debt the time he was signing the contract. Thus, he would demand for compensation due to misrepresentation by Bart’s agent.
However, Bart the defendant on his hand has a chance to evade the case by defending that the plaintiff signed the contract with the minor. In law of contract, for a contract to be valid between two parties, the parties must have attained the contractual capacity. Contractual capacity means that both parties must attained the required age provided by law to make contracts. Albert is considered to be a minor because he is only 17 years; he had not reached 18 years the age sti...