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Duty, Breach, Cause, And Harm

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Duty, Breach, Cause, And Harm
There were four scenarios given in which I had to explain if the person has any rights to a legal claim. The lady in the different scenarios encounter a series of events. In the first scenario, Patty Plaintiff could use all four parts of the tort claims. The four elements she will need to prove that she is not guilty is Duty, Breach, Cause, and Harm In this case, Patty who would be consider the plaintiff owes the defendant (security guard) nothing at all. She did what any other normal person would do, which was leave the store in a hurry due to the fact she had someone important to be. The second tort claim would be breach. A breach is a violation of a law or duty. The defendant must breach his duty to be liable for negligence. In this Patty …show more content…
Although she was at the door, she should have not been stopped until she had completely exit the store. At that moment, the officer could have stopped her. The officer only accused her of stealing because she was walking fast. However, that still did not give him the right to make that type of assumption. Considering that she was looking at the laptops, it would have been obvious if she was stealing. It will be hard to hide a laptop box in a purse. Even if she entered the store with a large purse or book bag, the security guard and or employees would have been monitoring her from the beginning. Not only did the security guard cause her to become frightened but embarrassed as well. She had to unnecessary walk in shame with people looking at her thinking she was caught stealing. Then she had to sit in a room where she was terrorized with questions and threats to be sent to jail. This situation could have really cause great harm to her reputation. Someone could have easily been recording the whole situation and posted on social media. Then the whole world would have painted a false picture of her and she could have lost her …show more content…
Plaintiff defense. She knew from the beginning that the email designed to her was for company related emails only. Like any other job, when failed to follow the company commands, one can be punished. She may had felt that she would get a pass due to her injuries. However, what is done for one person will have to be done for the next person. Although Ms. Patty emails to her mom where not inappropriate it was still against the policy in which she knew about. She bought this punishment on herself. She could have waited till she got off to inform her mom on any updates about her injuries. If this email was created by the company’s technician man, she should have known that the emails would probably be supervised daily. Even after being hired and going over the company’s policy, it should have been a red flag that the email would at some point be checked. If she did not have a personal email of her own, she should have spoken with a supervisor to obtain permission. Instead of getting permission, she took matters into her own hands and did what she wanted to do. She could have easily been fired on the spot Mr. Barry just dismissed her for work for that day. At that point she should had been grown about the situation and took the punishment given. When using company made emails, she knew from the start that she was not going to have no privacy. I personally do not feel like she or nobody should be granted any kind of rights to

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