Tort Actions, Essay Example

Basis of Any Civil Tort Actions Brought Against the Client

Tort law is usually used for compensation of injuries or damages caused due to violation of certain individual interest that are not meet by case law. In this case, the client has been causing other parties of the law firm injuries by invading their privacy. Hence there are basis for civil tort actions being brought against the client. Some of the civil tort actions that can be brought against the client can be tort actions due to nuisance and trespassing, intentional torts actions and even privacy torts actions. The client in this case has not only been invading the privacy of some of the law firm’s partner’s by reading its mails but also has caused more injuries by using advertisement pictures from Mr. Strong; 0ne of the law firm’s partners when they clearly knew that Arnold strong still demands dollars of cash for use of his products by any client.

Tort Action Can Be Brought to the Client By:

1. The representative

The representative who was chased from the client’s facility can bring torts action to the client. The type of tort action that the representative can bring includes strict liability and intentional torts (Stephenson, 2000). The client’s personnel should have been aware of the injuries the client is causing to Snow and snow hence the reason why they chased the representative away with swinging booms and hammers threats. Hence the representative can bring intentional torts action against the client and claim that the injuries he experienced when the client’s personnel chased him away were intentional. The representative can show that standard care was not considered by the client’s personnel in chasing him away yet he was only bringing a message of concern from Snow and snow firm concerning why the client was intercepting one of its firm partner’s mails and reading it. If standard care was taken, the personnel would not have chased the representative away and give him threats but would give an explanation why the client was intercepting another firm’s mail and reading them. Since no standard care was taken, these actions can be considered tortuous hence the representative can bring negligence and strict liability tort actions against the client.

2. Mr. Strong

Mr. strong can also personally bring tort action against the client on his behalf rather than waiting for Snow and snow firm to bring it (Stephenson, 2000). Since the injuries caused by the client are not due to contractual obligations hence Mr. Strong can use tort law to address the issues. Since the client took the advantage that Mr. Strong was a partner of the law firm in using his advertisement without his permission, Mr. strong can personally bring tort actions against the clients due to breach of fiduciary duty. If the law firm does not have any contract laws concerning compensation due to injury of their partner’s interest by another partner or client Mr. Strong can also bring tort against the client due to the injuries the client brought to him by trespassing privacy interest of Mr. Strong.

Case Laws

The case laws that should be applied on this case include privacy case laws that mainly focus on personal beliefs in conflict with each other. Based on this case law, the client will definitely lose the lawsuit since they invaded other privacy without permission (Mark & Alberto, 2006). The case law can be applicable in both cases of Mr. Strong and the representative. The client used product label from Mr. Strong without his permission hence privacy case law is one of the laws that can be used against the client. In addition another case law that can be used is the criminal case law. The client’s interceptions of my firm’s mails and reading can be classified as a breach of criminal case law which gives one the rights of privacy of any contents send via electronic data or channels.

References

Mark, W. & Alberto, R. (2006). Ruling case law. Edward Thompson Co.

Stephenson, G. (2000). Sourcebook on Tort law. Routledge Cavendish press.