The tort law determines if a person or an organization is to be held liable for injuries caused to the other party and, if so, the amount of compensation that should be paid. This law is important since it forces businesses to act fairly, meaning the businesses will perform their operations in a manner that will not likely cause injuries or harm to others. It also ensures business practices are followed by limiting the chances of businesses being unfair to one another. Tort law defends people and organizations against financial losses caused by unlawful actions which limit a business’s ability to operate normally. It exists to provide a means by which the people who cause others harm can be held accountable. Examples of areas covered by tort law are preventing pain, suffering, loss of money, and lives.
In the contract between Friendly Dawg and landlord Lou, there are a few tort laws that are relevant to the scenario. One obvious one is negligence, which is the failure of a business to behave in a manner that does not exhibit the due care expected of a person or organization in that position (Grady, 2019; Oldham, 2018). Friendly Dawg exhibits negligence by letting the snake escape through the air vents into the neighboring studio.
The owners of Sunshine Yoga, therefore, have a right to sue the organization under tort law since the tenant is expected to take reasonable care of the property. Additionally, there is the case of nuisance, which is a human or physical activity that is harmful or offensive to others (Graziani et al., 2022). Having the snakes escape to the neighbors and their dogs and parrots making noise to them is a nuisance that Dave’s company should be sued for under the tort law. There is also a case of invasion of privacy as the snake invades Jasmine’s property, a place it should not be. Jasmine states that she has been depressed and anxious about the ongoing situation, which shows that Friendly Dawg has inflicted her emotional distress and should be punished under this law.
There are various legal claims that Sunshine Yoga can make against the Friendly Dawg and landlord Lou. First, Sunshine Yoga can sue landlord Lou for breach of contract under tort law since he is responsible for keeping her business safe and undisturbed. She could also sue him for breaching the duty of ensuring that she stays on the premises forever but has failed to make the premises livable. The landlord must honor his verbal promise since verbal contracts are just as enforceable as written agreements (Pasaribu, 2021). Sunshine Yoga could sue landlord Lou for the damages that caused her to have a heart attack. Other claims that could be filed include a claim by landlord Lou against Friendly Dawg for the breach of contract on how the premises should be used. Dave’s father rented the store to sell pet supplies, but the son decided to rear live animals making this contract voidable.
In conclusion, Sunshine Yoga has a legal claim against Friendly Dawg for violating the legal principles and breaching its duty, causing a nuisance, invasion of her privacy, inflicting physical injuries, and emotional distress. It can be ensured that this right is protected by suing Friendly Dawg and landlord Lou since, under tort law, a tenant should be provided with a safe living environment whether they have a written contract or not.
References
Grady, M. F. (2019). Justice luck in negligence law. Revus. Journal for Constitutional Theory and Philosophy of Law/Revija za Ustavno Teorijo in Filozofijo Prava, (37).
Graziani, T., Montano, J., Roy, A., & Stephens, P. (2022). Property, personhood, and police: The making of race and space through nuisance law. Antipode, 54(2), 439-461.
Oldham, J. (2018). The law of negligence as reported in the times, 1785–1820. Law and History Review, 36(2), 383-419.
Pasaribu, E. M. (2021). Legal consequences for parties that conduct defaults in verbal contracts.