Tort Scenario Paper
Tort Scenario Paper
Crystal Cunningham, Robert Harrison, Billie Miller, Tyler Pierce, and Jennifer Sorensen
University of Phoenix
Business Law
BUS415
Page Beetem
May 30, 2011
Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff, Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff, Malik v. Stadium) Malik can sue for the stadium railing collapsing when he was pushed into it. The stadium did breach its duty of care and should be liable for some of Malik’s damages because it gave way. Strict Liability- (Plaintiff, Stadium v. Railing Manufacture or installer) The Stadium could sue the manufacture for a defective railing or installer because the railing collapsed. Negligence-Defamation of Character (Plaintiff, Daniel versus Lady in line) Daniel sues the lady in line for falsely accusing him of giving his child beer. Negligence-Infliction of emotion distress (Plaintiff, Ruben & Daniel versus Malik) Ruben sues for harassment with an unloaded fire arm. This is outrageous conduct intentionally or recklessly. Negligence, (Plaintiff, Daniel versus Stadium or Drink Manufacture), the sugary drink caused Daniel diabetic the stadium had a greater duty of care to provide a warning. What are the identities of each defendant and why do you feel that way? In the first scenario Malik would be a defendant is a suit against Daniel for shoving him, causing him to fall and knock out his two front teeth. Daniel could file suit against his boss for wrongful termination because he was not serving his son alcohol. Daniel’s wife could file suit against the stadium for serving her husband a regular drink instead of a diet drinks.
What are the elements of the tort claim that constitute the plaintiff’s claim? Daniel created unauthorized and harmful contact
Crystal Cunningham, Robert Harrison, Billie Miller, Tyler Pierce, and Jennifer Sorensen
University of Phoenix
Business Law
BUS415
Page Beetem
May 30, 2011
Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff, Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff, Malik v. Stadium) Malik can sue for the stadium railing collapsing when he was pushed into it. The stadium did breach its duty of care and should be liable for some of Malik’s damages because it gave way. Strict Liability- (Plaintiff, Stadium v. Railing Manufacture or installer) The Stadium could sue the manufacture for a defective railing or installer because the railing collapsed. Negligence-Defamation of Character (Plaintiff, Daniel versus Lady in line) Daniel sues the lady in line for falsely accusing him of giving his child beer. Negligence-Infliction of emotion distress (Plaintiff, Ruben & Daniel versus Malik) Ruben sues for harassment with an unloaded fire arm. This is outrageous conduct intentionally or recklessly. Negligence, (Plaintiff, Daniel versus Stadium or Drink Manufacture), the sugary drink caused Daniel diabetic the stadium had a greater duty of care to provide a warning. What are the identities of each defendant and why do you feel that way? In the first scenario Malik would be a defendant is a suit against Daniel for shoving him, causing him to fall and knock out his two front teeth. Daniel could file suit against his boss for wrongful termination because he was not serving his son alcohol. Daniel’s wife could file suit against the stadium for serving her husband a regular drink instead of a diet drinks.
What are the elements of the tort claim that constitute the plaintiff’s claim? Daniel created unauthorized and harmful contact