There are three elements when determining whether an act is tortious or not. These elements are duty of care, breach of duty and caused harm or loss. Duty of care is a legal obligation which an individual must adhere to a standard of reasonable care to not cause others to suffer loss or harm . For an action to be considered tortious, the plaintiff (victim) must be able to prove the defendant (tortfeasor(s)) owes him/her duty of care, the defendant has breached such duty due to his/her action and the defendant’s action has caused the plaintiff to suffer an injury or loss. All three elements must be present for an action to be tortious.
To summarize the case study, the Municipality contracted Jason Sharp, P.Eng., to design and supervise the construction of a bridge with a budget no more than 1.8 million dollars . Mr.Sharp contracted Acme Underground Ltd., a soil expert firm, to advise him on the sub-surface conditions of the site, which Acme Underground Ltd. reported the sub-surface will not cause any problems. The final detailed design was drafted and the ...
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...nderground Ltd. is highly likely to be liable for the economic loss that the Municipality suffers.
Analyzing this case study, it is evident that if the Municipality does end up taking Acme Underground Ltd. to court for a suit of tort. The likely outcome of the case would be Acme Underground Ltd would be economically liable to pay the extra cost that the Municipality suffers from redesigning the bridge and other additional cost such as Subsurface Wizard’s service. Thus, the Municipality is only required to pay the originally contracted 1.65 million dollars to ABC Construction Limited. In addition to the economic liability, the employee who conducted the sub-surface condition test may likely not be found liable as the test was conducted during his/her employment. Therefore, from the set of facts in the case study, Acme Underground Ltd. is certainly the only tortfeasor.
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