...Synopsis of Tort Cases In this assignment Team B is writing a synopsis for four tort cases in which we will try to identify specific areas of the case. In each case we will identify the tort action in each case, which is the wrongdoing within the scenario. We will also identify the plaintiffs in the scenarios along with the defendants in each case. The identification of the elements within the tort claim will also be identified for each scenario. The defense that the defendants may assert will be addressed to show how the defendants plan on pleading their case. After each scenario is evaluated the decision on how each case would be resolved will be stated with legal reasoning for each answer. Scenario #1 In the scenario presented, many things occur. Some of these are intentional actions and some happen by accident. From a legal perspective, these are referred to as tort, which is considered to be a “civil wrong.” Generally, these are not covered by law or statute. A plaintiff has the can be compensated for damages that were sustained as a result of the tort. There are several tort actions present in the case, these include: battery, defamation, wrongful termination, and negligence. There are several potential plaintiffs in this case. First there is Malik, who can claim battery at the hands of Daniel for the fall that breaks his teeth. Malik might make a civil case for being shot. Daniel could also be subject to criminal charges. Second, Daniel could pursue defamation...
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...Synopsis of Tort Cases In this paper, you will find synopsizes of four tort cases. Each scenario will include the type of tort actions in the case, potential plaintiffs and defendants, elements of the tort claim that constitute the plaintiff’s claim as well as any defenses that the defendant may assert. Additionally, you will find the writer opinion as to how they believe the claim will be resolved along with the legal reasons for their belief. Scenario One The torts actions, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...Synopsis of Tort Cases Team C will analyze the synopsis of four scenarios. The team will identify tort actions, potential plaintiffs, potential defendants, and which elements of the tort claim constitutes the plaintiffs claim. Team C will also identify any defenses the defendant may use in each scenario. Each synopsis is evaluated on how the claim will be resolved with team C stating legal reasons for the resolution. Football Game Scenario A potential lawsuit is torts of past and future medical expenses, pain and suffering, and mental distress from the plaintiff quarterback whose arm was broken. The defendant in this case is the opposing player. The defense here will be there was no breach of duty or evidence of intentional assault. This case may be dismissed because football contracts will state the possibility of various injuries for football players. Malik a plaintiff against the stadium was injured when the railing could not support his weight. Daniel is a potential defendant for pushing Malik resulting in assault and battery. The defense in this situation is the random act of getting pushed made the railing support more wait than it normally bears. This case could result in damages paid to Malik by the stadium and by Daniel. Ruben, a minor, had beer unintentionally poured on him is a plaintiff against Malik for mental distress. Ruben may also seek damages for future medical expenses, pain and suffering, and mental distress against the concession...
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...Synopsis of Tort Cases Team C: Michael Colschen, Christina Thomason, and Shawn Glover BUS/415 April 5, 2011 Carol De Muth, Facilitator Torts and Liability Torts arise when negligent activity by one individual to another individual results in injury or liability from the action. The negligent party owes a duty of responsibility to provide recourse in the form of reimbursement through monies or other court appointed determinations as restitution for the negligent act. Tort cases are mostly negligent acts that involve suits heard in civil court. Tort cases are brought forth by private citizens, whereas criminal acts involve prosecution by the government. The tort acts demonstrated in this scenario involve bodily harm from negligent acts, defamation of character, and negligence for safety, medical malpractice, and broken promissory note. Scenario One Synopsis The scenario one contains several torts that involve damage, injury, and wrongful acts that involve potential civil lawsuits for strict liability. The scenario begins with a Daniel and his eight year old son Reuben attending a football game. The quarterback receives an injury from a player on the opposing team. The quarterback could file a lawsuit against the opposing team member for the injury as an act of bodily harm but the defendants defense states a circumstance that comes with the occupation of playing football. The quarterback can file a workman’s compensation claim against...
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...Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the defendants' property. However, on this particular day, Lewis arrived on the property, startling Salach and the dog. Salach asked Lewis to identify himself, received no response, and then warned him that the dog did not like strangers and to be careful. Lewis saw the defendant speaking, but claimed he couldn't hear her as the dog was barking. He tried to pet the dog and then tried to move out of the dog's range when the dog bit his hand. Prior to this incident, the dog had never attacked, bitten, or lunged at strangers, and there was no evidence of complaints from neighbours or friends. Lewis brought an action for damages, but his action was dismissed. For Discussion 1. Why did Lewis bring an action against the defendants . Lewis believed he was entitled to damages for the injury he suffered when the dog bit his hand. 2. Summarize the conflicting evidence. Lewis claimed...
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...Case Facts Geraldine Cruze was struck by large pieces of the ceiling in her apartment. She then rushed to the Jacobi Hospital Emergency Room reporting abdominal pain. After seven hours, the hospital released Cruze. She returned home and rested. However, the hospital failed to detect that Cruze had suffered four broken ribs, a lacerated renal vein and other internal injuries. Despite the pain and difficulty of breathing, Cruze herself did not notice these serious internal injuries, and she believed that she was recovering. Cruze was in fact bleeding internally. Over the next three days, she bled to death. Cruze’s attorney sued the hospital for medical malpractice and the landlord for negligence. From The Hospital’s Perspective The potential liability for the hospital is the neglect of the plaintiff’s internal injuries. The hospital is required to act the degree of care, skill and judgment, which reasonable doctors in the same practice area would exercise in the same or similar circumstances. A failure to conform to this standard is negligence. In this case, the hospital should have the ability to discover the internal injuries of the plaintiff. The plaintiff’s attorney would possibly bring this medical malpractice against the hospital, and argue that it finally caused the death of the plaintiff. Among the four elements of negligence, owe a duty of care and injury to another are two elements showed very obvious in this case. It would be very difficult for the hospital to defense...
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...Synopsis of Tort Cases The team read and answered questions regarding the four different tort cases presented in the class syllabus. The complaints from each case vary from negligence, employee incompetence, personal injury inflicted by another party, strict liability, and premise liability. The situations in the four scenarios are different, but each scenario has a plaintiff who thinks he or she has grounds for bringing a lawsuit against a defendant. Each scenario identifies and discusses the plaintiffs and defendants, the key elements of the scenario, the possible defenses, and opinions on the outcome of the suits filed. Scenario 1 Tom Hanks the defendant invited Ben Button, the plaintiff, to play volleyball at his home one evening in 2004. Ben decided to join the other volleyball players about 45 minutes after the others had started. Within 10 minutes of joining, Button fell and sustained injuries to his right elbow. When Hanks, called Button’s father to tell him he was hurt, he mentioned he fell over an invisible line, which was later discovered to be a pinkish colored line for tying down the poles of the net. Looking at this case from Button’s side, one fact that supports his argument is the out-of- bounds line was in a dangerous place because of the proximity to the street. A second arguable fact is that a player has to run past the tie lines to retrieve an out-of-bound ball. Another fact is, according to Button’s father, Hanks’ admission that Ben tripped on the invisible...
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...Trespass has been said to be one of the most ancient form of torts. It developed even before the presence of the police force, to provide protection against the physical interference to person, land or property. The statement has made specific reference to the tort of trespass to person, in regards to the extent of intention needed to determine that a trespass to person has occurred. As such this essay will examine the tort of trespass, with reference to both UK and Malaysian cases in order to make that determination. It will then conclude. As mentioned before trespass may take three forms. The focus here will be on the trespass to person. All three forms of torts, it should be noted, are actionable per se, meaning that the claimant may not...
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...Synopsis of Tort Cases Paper A synopsis is a summary of the text or subject, and in each scenario there are tort actions that need to be identify, and to make out who are the plaintiffs and defendants in these scenario cases. We will explain which claim got resolved by taking legal actions for the reason’s they were put in these different dangerous situations that could have been avoided. Scenario One Scenario one deals with intentional tort, unintentional torts and strict liability tort. The first intentional tort is the battery by Daniel on Malik for accidently spilling cold beer on his son Ruben. Daniel shoved Malik which caused him to fall. Malik tried to break his fall and grabs the railing which didn’t support the weight of Malik. The railing broke and Malik hit the steps and knocked out two of his front teeth. This will fall under strict liability tort. Malik can file a law suit against the owners of the football stadium for not ensuring the railing was safe for everyone in the stadium. This fall under product liability “The liability of manufacturers, sellers, and others for the injuries caused by defective products.” Cheeseman (2010). “Defamation of character false statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally” Cheesesman (2010). Daniel can suit the woman in court for intentionally making...
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...Tort Law Case I. The fireman car accident The fireman’s car was driving at a very high speed. This excess of speed was ordered by his supervisor. The car ahead, under the pressure of the fireman’s car had become agitated and by trying to make room for the fire engine, collided with a lamp post. The driver of this car had no security belt. We have to see if the fireman is liable. To be liable, three things are needed : a damage, a fact, a causation between them. According to the principle of tort law, article 1:101 of European Principle of Tort Law, (the strict liability) as soon as the victim proved that he suffers a damage, it’s needed to have compensation. Is there a damage ? Peter has collided and had to be took to the emergency. Based on article 2:102 (2) of European Principle of Tort Law, a bodily integrity enjoys the most extensive protection. If no serious hurt had been seen, we can assume that it exists a little traumatism or maybe a light physical damage and therefore this is a bodily damage. A damage exists, so the victim, Peter, doesn’t have to prove a fault, according to the strict liability principle. We need to identify the fact. By driving too fast, with the flashing lights, with the bell sounding, the fireman put a pressure on Peter who panicked and by trying to make room for the fireman, he collided with a lamp post. Are the fact and the damage in relation ? To identify the factual causes, we utilize the “but...
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...Synopsis of Tort of Cases Paper Synopsis of Tort Cases A tort is the French word for wrong. There are three categories of torts which are intentional torts, unintentional torts, and strict liability. Tort law is basically what protects different types of injuries that arise from the different torts. Many lawsuits that are done use many of the different torts to look for monetary gain, or tort damages. Tort damages are basically monetary damages that are sought from the offending party (Cheese man, p. 95.para.2). There have been many scenarios that have brought up different tort damages. Sometimes there are just one specific situation tha starts the tort cases. As the following scenario is reviewed that different tort actions are described, the potential plaintiffs are identified, and the elements of the tort claim that constitute the plaintiff’s claim and how the facts conform to those elements are described. Tort laws provide remedial compensation for damages. Segments of tort laws included intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufactures (Cheeseman, 2010). Under each tort segment are violations with descriptive terms to provide details of offenses. I an individual believe a wrongful event has occurred; the individual has the right to file a civil lawsuit against the wrongdoer. This type of lawsuit can be some with or without the aid of an...
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...Torts Cases Nathaniel Brown, Maxine Holley, Jacinta King, and Cheryl Williams BUS415/Business Law June 25, 2012 Monique Peebles Torts Cases A tort is “the French word for a ‘wrong’. Tort law protects a variety of injuries and provides remedies for them. Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or to the party’s property.” (Cheeseman, 2010, p. 95). Tort laws are enforced under civil law and help individuals recover damages incurred related to property damage or loss, medical expenses, restitutions for pain and suffering, and mental anguish. Team A will identify the tort actions in four scenarios, potential plaintiffs, potential defendants and why each one is viewed as a defendant. The team will also identify various elements of the tort claim that constitute the plaintiff’s claim, defenses the defendants may assert, and provide hypotheses as to how the claims might be resolved and the legal reasoning behind the hypothesis. Scenario One Daniel and Ruben are enjoying the day at a football game when Malik, a fan, reacts unexpectedly spilling beer on Ruben when the referee’s calls an incomplete pass. Daniel shoves and injures Malik when he falls against the railing, which gives way causing Malik’s face to hit the steps in the aisle knocking out two teeth. When leaving the game, Daniel, a diabetic, stops to buy diet drinks and a lady waiting in line smells beer on Ruben and begins shouting at Daniel, accusing...
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...Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for...
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...The California Supreme Court addresses a complicated area of tort law concerning duty owed. The need to protect privileged communication between a therapist and his patient and the protections of the public was being addressed. With respect to the liability of the police that released Poddar, the court stated that a public employee is not liable for an injury resulting from his act or omission where the act of omission was the result of his exercised discretion. Discretionary policy decisions which enjoy immunity and ministerial administrative acts which do not, the police was afforded immunity based on basic policy decisions made, so stated the court (Casebriefs LLC, n.d.). The court also found that the county was immune from suit because...
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...Is the move away from contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability...
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