Nathaniel Brown, Maxine Holley, Jacinta King, and Cheryl Williams
June 25, 2012
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 ...view middle of the document...
As Malik’s wife calls for help, Daniel goes into a diabetic coma. Tort actions in this scenario are intentional and unintentional torts, assault, battery, defamation, and negligence.
Potential plaintiffs and defendants in this scenario are: 1) Daniel versus Malik for spilling beer if Ruben was injured; 2) Malik versus Daniel for shoving Malik into the weak handrail which gave way causing him to hit his face and lose two teeth; 3) Malik versus Stadium Owner for loose railing; 4) Daniel versus Lady in line for defamation; 5) Daniel versus Boss for wrongful termination and intentional infliction of emotional distress; 6) Daniel versus Concession worker and Stadium owner or Respondent Superior for the negligence of serving sugary sodas instead of diet sodas that caused Daniel’s diabetic coma; 7) Daniel versus Malik for assault; 8) Malik’s wife versus Daniel for negligent infliction of emotional distress for shooting her husband.
Battery is defined as unauthorized, harmful or offensive physical contact, which occurred
when Malik spilled beer on Ruben. Daniel shoving Malik knocking him into the loose railing could possibly be viewed as assault and battery had Malik felt threatened or saw that the incident was about to occur. The foreseeable act of Malik falling over the loose railing theoretically placed the responsibility for Malik’s injury on Daniel.
Defamation occurred when the lady at the concession stand yelled at Daniel and accused
him of giving beer to a minor. The woman’s statement was false and published to third parties, which included Daniel’s boss, causing Daniel to lose his job. As a result, Daniel...