Tort Synopsis
Essay by morticia9267 • February 5, 2012 • 534 Words (3 Pages) • 1,005 Views
Intentional misrepresentation, defamation of character by means of both libel and slander, tort of outrage, and battery are all the tort actions that are present. Franco, Raul, and SureCo would be the potential plaintiffs. The defendants could include SureCo, Franco and his boss.
Raul has the ability to file suit against SureCo for intentional misrepresentation by Franco and battery charges obtained from the boss. Suits can also be filed by Raul directly to the boss for the battery and the permanent blindness that was a result thereof. Franco has the option to sue the boss and SureCo for defamation by slander and tort of outrage. SureCo, as a corporation, can file suit against Raul for defamation by libel and another suit towards Franco for the intentional misrepresentation he provided to the clients of SureCo.
False representation was made to Franco's clients, the first element of intentional misrepresentation. He guaranteed their insurance premium rates would not increase again if they bought a new policy from him; Franco knew full well the policy rates would increase. He did this intentionally, as a result; the clients did purchase the policies, he did make the commission, and his position with SureCo was secured. The injury the clients sustained incurred when their policies renewed at an increased premium, after there was the guarantee by Franco that they would not.
Franco's boss has several tort actions that can result in a suit being filed. The first is defamation of character by slander and tort of outrage against Franco. This is due to him being escorted out of the office by security with no discretion. She also informed the other employees that Franco was a thief, and was fired for stealing. This is a false statement because he didn't steal from the company or clients rather misrepresented the company in an intentional and unbecoming manner. She is also responsible for the battery in which she injured Raul. The
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