Can Colossal Corporation terminate Alex without any notice or a hearing?
Employment at will indicates that the organization can fire the worker at any time with no particular warning or reason. The employee has a similar right and can quit the organization any time with no particular notice period or any particular reason. There are three exceptions to an employee at will; If the employee has filled several claims or the employee has been a whistleblower to an organization issue when the employee is protected under personal contract. When an employee is covered by union agreement. Colossal Corporation can terminate Alex at any time with no type of notice or hearing. This is the case since he is covered under employment at will cause.
Did Alex, Nick, Bill, or Juanita commit any crimes?
Out of all the provided individuals, Alex is the primary culprit who had illegally moved the stolen goods from Colossal Corporation. He can be convicted of theft. The rest, including Juanita, Bill and Nick, doesn’t have any idea of the crime they have; therefore, the three can’t be convicted.
Defences Identified
Juanita and Nick didn’t have any idea concerning the crime being done concerning Breezer products. The two were legally involved in the deal concerning the products of Breezer. Alex was unlawfully engaged in the transportation of the goods; therefore, he is the only culprit. Juanita and Nick can present the legality of the deal and consequently capable of being saved from the crime suit. Don't use plagiarised sources.Get your custom essay just from $11/page
Intentional tort Committed
An intentional tort is a tort or a wrong act carried out intentionally. Intention tort consist of libel, slander, fraud, battery etc. while unintentional tort consists of vicarious and negligence liability. An example of an intentional tort is a fraud done for profit reasons. In the case, only Alex who can be seen to be liable for the intentional tort committed and has to be sued.
Defences for Intentional Tort
The court has to get evidence that the defendant meant of hurting the plaintiff. He has to prove that the defendant knew his actions would harm or behaved recklessly. The defendant must provide evidence on his innocence by providing that he never meant to hurt the plaintiff or the harm was as a result of plaintiff negligence.
To obtain justice, the plaintiff of an intentional tort case has to provide evidence to the court of law that the harm suffered was subjected deliberately by the defendant. Therefore, he has to prove to the court that the defendant intended to harm him; he was aware that his action would lead to harm, and he behaved recklessly. This would show that the defendant is guilty beyond any reasonable doubt.
To prove his innocence, the defendant of an intentional tort case must provide evidence that he never intended to harm the plaintiff. This indicates that even if it was because of negligence, he could avoid liability because the case is grounded on intentional tort. Because of this, the court can find him innocent since there is no link to his intention with the victim’s harm. Therefore, Alex can be found innocent if he proves to the court that he is innocent that he never intended to cause harm. For Nick and Juanita, they don’t have any case to answer since there is no proof that they intended the harm.
Can anyone collect damages for the intentional torts?
Any person can obtain damages for an intentional tort as long as he is the victim of harm to the negligence action of the defendant. If anyone suffers harm due to another individual’s negligence, as a victim of the act, he has legal right to sue the individual who led to the harm. If the defendant is found guilty, the plaintiff is bound to collect damages for an intentional tort.
Therefore, anyone who is a victim in such a case, where the defendant has been found guilty, he has a legal right to collect damages for an intentional tort. In this case, Colossal Corporation can collect damages from the defendant if Alex is found guilty by the court. There are two kinds of damages the victim is legally entitled to including compensatory damages and punitive damages.
Punitive damages are given to plaintiffs who are a form of punishment to the defendant and act as a lesson to people who might be willing to commit the act. Compensatory damages are supposed to return the victim to the state in which he was before he was harmed. Compensatory damages can be given to the victim for emotional suffering like pain or distress or economic losses.