This website uses cookies to ensure you have the best experience. Learn more

Synopsis Of Tort Cases Paper

1753 words - 8 pages

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 ...view middle of the document...

The identity of potential plaintiffs
Rueben the son, Daniel the Father, Dawn the wife of Malik, and Malik the fan
The identity of potential defendants and why you see each one as a defendant
Daniel because Daniel had a concealed weapon and he shot Malik
Betty because Betty defamed Daniel
Malik yes because Malik pulled an unloaded gun at Daniel
The Stadium because Patrick was under obligation to perform a duty as an employee.
Mike because action cause distress on Reuben and Daniel when he fired Daniel.
The elements of the tort claim that constitute the plaintiff’s claim
Proximate cause is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
Actual cause of negligence is a person who commits a negligent act is not liable until actual cause can be proven.

Any defenses you think defendant might assert
Daniel may assert he was defending himself, protecting his child from distress.
Betty defense acting in the public interest in protecting the child
Malik has no true defense other than he was battered
Stadium defense had Daniel not battered malik the incident of injury would not have occurred.
Mike defense is false information resulting from the statements made by Betty.
Patrick defense is crowd unrest
How you think the claim will be resolved, stating legal reasons for your answer
Daniel will be awarded damages from the stadium because Patrick as an employee of the stadium has the duty of care to serve what Daniel ordered and he breeched his duty. Daniel will not be found guilty for shooting Malik because he was defending himself. There is a reasonable expectation that Daniel thought the Gun was loaded. Daniel will be charged and possibly convicted of Battery for pushing Malik.
Betty, any suit against Betty will be unfounded because Betty was acting in the public interest.
Malik, Malik will receive damages from the stadium being liable for its property, and Daniel battered him. Malik will be charged for assault with a deadly weapon, and distress of Reuben.
Stadium will be responsible for the damages of Malik hurting himself because the stadium property was not in good repair. Also Patrick was an employee and will be responsible for Daniel’s health related issues.
Mike, will be responsible for firing Daniel and will be required to restore Daniels job.
Scenario 2:

Scenario 3:
In this scenario, the Tort actions in this scenario consist of Intentional Torts of Assault & Battery, Defamation of Character, Disparagement, or Trade Libel & the Torts of Intentional Misrepresentation (Fraud). There is an unintentional tort of Breach of Care, Injury to Plaintiff, the Actual Cause. These are some of many torts associated here with this scenario. Franco is the first of potential plaintiffs. The news or threat of loss of his job can be cause for Emotion Distress. He and the other customers, it does not state how...

Other Papers Like Synopsis of Tort Cases Paper

Risk and Tort Management Essay

1515 words - 7 pages RUNNING HEAD: TORT AND REGULATORY RISK Recognizing and Minimizing Tort and Regulatory Risks Paper LAW 531/Business Law 02/22/2010 Introduction In today’s business environment organizations have to deal with regulatory risks and tort liability on a daily basis. Organizations that do not comply with the state and federal regulations expose themselves to fines, tort liability and criminal penalties. The cost of failure to comply is not

Tort Law Homework Essay

1878 words - 8 pages safety, property, and, in some cases, intangible economic interests. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Worker’s compensations, injuries sustained during employment are grouped into quasi-torts or liability torts. Three elements must be established

Security Goals and Objectives

805 words - 4 pages Goals and Objectives of a Security Organization SEC 310 17 November 2013 Goals and Objectives of a Security Organization This paper will focus on major topics of a successful security organization. The first topic to be addressed is how each organization, both within industry or within the governmental realm must ascertain their goals and recognize the consequences of failing to achieve their objectives. This paper on will focus on

Intentive, Motive and Malice

2480 words - 10 pages awarding a sum of money, known as damages, for infringement of ones rights. Alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something. It is important to take note of the Latin words, damnum and injuria as used in tort. Damnum means damage caused or suffered, and injuria means a right of action or claim. This is because there are some cases in which the defendant’s act or omission may

Haimes V Vandevender

3442 words - 14 pages Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the

International Business Law Cases

313 words - 2 pages regulations says that they absolve moral responsibility for any accidents Doe v uncoal corporation p.65 U.S. v Liebo, Alien Tort Claims, The alien tort claims is a US section that says the us cours have jurisdiction by an alien only for a tort in violation of the law of nations or a treaty of the US on doe v. Uncoal in order to build a pipeline, the company cooperated with the local military to get slavers to work on the project.// this company cant take the money out of the company for 10 years

Compensation Culture and Tort Reform

2516 words - 11 pages ’ costs and by the general increase in income levels. In addition, the BTRF itself endorsed an estimate of tort costs in the UK which represents a surprisingly low percentage of gdp (0.6%), and is significantly lower than the comparable figure for most other developed countries including France, Germany, Italy and the US. Furthermore, some cases take a long time to be settled after the claim is issued, meaning that the total

International Business Law

3416 words - 14 pages complexities in the law . Component in creating the way that the agreement obliges an offer, acknowledgement , guarantee to perform, a significant thought of the installment or guarantees met , the guarantee , execution et cetera . Tort of careless actuality issued in accordance with some basic honesty however don't give a second thought where it influences where the individual making it has motivation to act , and slants . Cases of Hedley

Medical Malpractice

528 words - 3 pages that tort reforms—such as limiting malpractice awards, tightening statutes of limitations for filing claims, increasing expert witness standards, and screening cases before they go to trial—not only reduce overall medical care spending but also increase access to care (NCSL, 2011). Strategies to improve malpractice claims include limiting awards; placing stricter limits on statutes of limitations; establishing minimum qualifications for expert

Pa165 Unit 3 Assignment

1192 words - 5 pages intentional tort of Assault and Battery occurred when John began shouting obscenities at Jane. John then approached Jane in a threatening way, and grabbed her wrist. Even though John and Jane are married this is still considered assault. According to Chapter 5 Intentional Torts: Injuries To Persons (2011) all the elements that were necessary to establish this intentional tort is present. 2. The Second intentional tort of Assault and Battery occurred

Managing Tort Liabilities

1440 words - 6 pages Any business small or large will face regulatory risk such as tort liability and will have to learn how to manage those risks through preventive, detective, and corrective measures. After conducting the business regulation simulation, Shelina Virani is required to create a plan for a company like Alumina, which identifies common torts and other regulatory risk. In the first part of the plan will be discussed about the lawsuit that Alumina

Related Essays

Synopsis Of Tort Cases Essay

3448 words - 14 pages 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

Synopsis Of Tort Cases Essay

1943 words - 8 pages 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

Synopsis Of Tort Cases Essay

2374 words - 10 pages 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

State Or Federal Tort Claims Act Of 1946 Paper

1507 words - 7 pages State or Federal Tort Claims AJS/562 December 15, 2014 State or Federal Tort Claims The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act