Intentional Tort Case

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In Case example B, XYZ Counseling Agency hired Chuck as an anger management counselor. Chuck was fired by another counseling firm because of violence. Two months ago, Chuck was angry at a client named Wilbur and beat up him. A weaker earlier, Chuck grabbed a client by the arm and shook him. XYZ knew the incident but took no measure. XYZ is a limited liability company and has a specific policy against violence but it has never terminated anyone for such conduct. Wilbur has sued XYZ Counseling Agency for damages. Some legal issues are: what is the relationship between XYZ Counseling Agency and Chuck? What is the employer’s liability to third parties? Did XYZ commit negligence in employment? Should XYZ be liable for Chuck’s behaviors? What are…show more content…
First of all, XYZ is not liable for Chuck’s conduct because the tort is intentional. Intentional trots include acts such as assault, battery and other intentional conduct. Chuck beat up Wilbur because he was angry about Wilbur’s failure to improve. It means that Chuck’s motivation in committing the intentional tort is personal. It is his personal emotion that leads him to beat up the client. In this way, XYZ should not be liable for the intentional tort, though the tort take place during business hours according to the motivation test. Second, XYZ did not know that Chuck was fired because he hit a client, so XYZ did not commit negligence. Another rule that XYZ can use to support its argument is the liability of a member tortfeasor. A torfeasor is a person who intentionally or unintentionally (negligently) causes injury or death to another person (Cheeseman, 2007). In the case, Chuck is the tortfeasor. According to the rule of a limited liability company, a tortfeasor is personally liable to persons he or she injures. Therefore, as a limited liability company, XYZ should not be liable for the intentional tort or negligence of its member and Chuck should be personally liable to Wilbur and should reimburse the victim for the

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