chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount
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Intentional Tort of Defense Introduction to Tort June 7, 2012 Facts On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy, which he was a frequent customer. However, Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking disturbed
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Intentional Torts and Defenses of Leroy McPhillen and John Victoria Downie Kaplan University Professor Randee Breiter Torts and Personal Injury PA165 May 31, 2015 Intentional Torts and Defenses of Leroy McPhillen and John Human and animal nature is defined by the subconscious behavior of the fight or flight instincts. People have the ability to view situations and determine whether they need to fight for their life or run. What sets us apart from animals is that we
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Breach of Confidentiality in the Professional Health Setting When it comes to the healthcare profession, patients expect the information they give to the receptionist, nurse or doctor be kept in complete privacy. A breach of confidentiality, in the medical field, for example, is when information about a patient is given to another individual without written or oral consent. Trust plays a very viable role in any physician/patient relationship. Without this trust, physicians, nurses, EMTs or any
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A. Give 2 specific examples/ scenarios of each of the following intentional torts: 1. Invasion of Privacy a. Most retail places, they ask their customers at the checkout station for their phone number, email address, or home address. It said to be that there are third party organization who willing to pay for these information and start sending to these customers their product advertisements, or unnecessary information loads that the customers do not have control over. b. Every tax season
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Introduction to Torts Victor M. Salas-Pellot PA165-01 – Unit 3 Professor Laurence Mraz Kaplan University February 19, 2013 FACTS: Leroy McPhillen was a regular patron of The Bottom’s Up Pub, an intoxicated man named John, began shouting obscenities at a woman seated at a table
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woman then informed Mr. McPhillen that the man was her husband. Issue / Questions presented: The questions presented are (1) which intentional torts were committed, and (2) what defenses are available to the tortfeasors? Short Answer: In this case, both the intoxicated man and Mr. McPhillen are in fact guilty of committing intentional torts. Both parties do have arguable defenses available. However, more information is needed regarding (1) events occurring prior to the Assault
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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,
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Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control
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reward expected. Tort law can be misused and in most cases it is. At times that tort law includes the protective barrier over criminals, and in many cases it is used as exactly that. This paper examines the lives of varied individual in four different cases in which tort law is used, and quite possibly abused. The Scenario Paper In any courtroom across the country, and more than likely, across the globe, a person can find the use of tort. Over the years, the governing bodies in tort law have transformed
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