The case study represents negligence tort

The case study represents negligence tort

The case study represents negligence tort when Scott does not get the passport in his address due to the breach of the standard of care caused by Canada post and Chinese visa processing center for using an address label on the envelope, which was tampered with before purchase. According to the text, negligence tort occurs when the defendant causes the plaintiff to suffer a loss due to their actions (p.138). In this case, Scott suffered a loss of traveling for 2000 kilometers and intimidation from the owner of the mailbox due to the mistakes committed by Canada post.

After Scott was appointed as the new instructor to replace the one who was unable to report due to health condition in March, he had agreed on terms with Saint Mary’s on the process of securing the visa which would be the only way to travel to Zhuhai as soon as possible before the classes start on April 22. In this case, Scott tries to get his visa through following the required legal procedure, as indicated by the Chinese Visa Processing center limited. Unfortunately, when the documents to travel were ready, they were sent to a different address tampered with before. The Canada post denied responsibility where they advised Scott to deal with the owner of the address his information was sent to previously.

After Scott traveled for two thousand kilometers to get his information, the intentional tort was evident. The owner of the mailbox intimidated Scott that if he did not pay to get his information, he would be sued for trespassing another person’s property. In this case, Scott was intimidated, which led him to conspire in paying to get his information back, which happened as a secret deal.

At first, Scott was reluctant to conspire in giving money, but after intimidation, he gave in to the threats. This represents a potential legal issue between Scott and the owner of the mailbox due to the negligence caused by the Canada post and Chinese visa processing center using a manipulated envelope that was tampered with before being sold.

Contractual issue

There was a contractual issue when Scott fell and injured his shoulder after getting his visa and passport. After Scott was able to get his documents, he was ready to travel to Zhuhai, as the contract stated. Nevertheless, after he fell, he too might not be able to get to Zhuhai due to his health condition.

The contract between Scott and Saint Mary’s faculty is likely to end indefinitely since he was supposed to be preparing for his flight, but now he had to nurse his injury. In this case, Scott was under the force majeure clause. Force majeure clause indicates that when an employee is unable to fulfill his or her obligations due to unavoidable circumstances such as accidents or injuries is protected by law (p.232). The unpredictable events such as Scott falling in his line of duty to get his passport and visa could not be termed as breach of contract since he was willing to report to work in Zhuhai.

Since Scott was unable to report to work, maybe he could have referred someone on his behalf who would take over his position as a way to ease the risk imposed on Saint Mary in finding another employee. St. Mary should also ensure that they employ risk management implications to assist in such situations. In case the employees terminate their contracts indefinitely or willingly. The two parties, Saint Mary and Scott, should have an agreement on how they can get another instructor to travel to China before the classes begin.

Sale of Goods Act Issue

Sales of the good act apply when goods are transferred ownership from one person to another through the exchange of money. In this case sale of the Goods, the act issue is evident when the Canada post sells an address label to the Chinese visa processing center, which was tampered with. The Canada post was obliged to check on its products’ sales of duty care to its customers. Sales of the good act indicate that right must be fit for the intended purpose for the purchase to be deemed successful (p.329). According to the sales of the address label on the envelope, which belonged to Scott, the Canada post did not fulfill its purpose as the seller since the good did not serve the intended reason.

In this case, the Chinese Visa processing center should have noticed the defective address label and insist on a quality address label. If Incase the Canada post sold a quality address label to the Chinese visa processing center before shipping the mails, Scott would have been saved all the trouble he went through in retrieving his information from the stranger’s mailbox and injuring himself along the way. Even though the Canada post insisted that they cannot retrieve the letter once shipped to the owner’s mailbox, they were liable for selling a defective address label envelope to the Chinese visa processing center who would have complained since they were involved in the sales of the product directly.

Employment Law Issue

Employment law governs the relationship between employee and employer. Employment law helps in promoting health and safety for the employees who could become a liability to the employer. In this case, the employer (st Mary’s university) and employee (Scott) were in an employment contract, which meant that vicarious liability would be applied.

For instance, Scott got injured at his shoulder in his line of duty since he acquired his passport and visa back. According to the text, vicarious liability, employer is held liable for employee’s tort in the course of employment (p.640). Nonetheless, as an employer, Saint Mary University can only be considered if Scott did the proper communication regarding his passport and visa misplacement using the wrong address. In case of legal requirements, an employment policy manual should be drafted to indicate how the employee is expected to behave and the cases where the employer is liable for the worker’s actions in the course of employment. In the case study, the course of employment included Scott’s visa and passport application through the Chinese embassy-Chinese visa processing center.

Saint Mary University was on the frontline to assist in quick processing of Scott passport and visa requirements. In conclusion, according to employment law, even if Saint Mary was going to dismiss Scott due to his incapability to attend to his duties, they should apply vicarious liability guidelines in taking care of their employee health situation since he got an accident in the course of his employment.