...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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...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 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 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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...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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...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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...Synopsis of Tort Cases Paper Team A BUS/415 10 de octubre de 2011 University of Phoenix Profesor: Jesús Rivera Delgado Synopsis of Tort Cases Paper En este trabajo grupal, se encuentra cuatro casos de responsabilidad civil. Cada escenario tiene un tipo de acción de responsabilidad, los demandantes potenciales y los acusados, los elementos de las reclamaciones por agravio que constituyen la demanda del demandante, así como todas las defensas que el demandado puede hacer valer. Además, se encuentra la opinión de escritor en cuanto a cómo ellos creen que la reclamación se resolverá junto con los motivos legales de su creencia. Escenario uno Las acciones de responsabilidad civil, los elementos, los demandantes potenciales, los acusados, de resolución de reclamaciones surgen de una serie de acciones que tuvieron lugar de un partido de fútbol. Daniel y su hijo Rubén, de 8 años, fueron a un partido de fútbol. El mariscal de campo va a lanzar un pase, y es golpeado por un jugador contrario, y rompen el brazo del mariscal de campo, y enviando el balón a las gradas, golpeando un fanático. Malik salta a gritar al árbitro, derramando su cerveza fría encima de Rubén. Daniel se siente mal al ver el disfrute de Rubén echado a perder de esta manera, y empuja a Malik. Como Malik cae, se agarra del pasamano, que cede con su peso y Malik se golpea, dos de sus dientes frontales. Al salir, Daniel se detiene a comprar dos refrescos. Una señora en la fila le da el olor de cerveza...
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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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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...Synopsis of Tort Cases Paper BUS/415 Business Law Scenario 1: There are two tort actions found in the first scenario. The first tort action is Ruben for pushing Daniel and knocking out two of his teeth. The second tort action is owner of the ball field for poor maintenance and improper weight restriction limits on the railings of the stands. The potential plaintiffs in this case are the injured fan, Malik and Daniel. The stadium owners would be potential defendants in cases brought on by the fan injured from the football, by Malik for the faulty railing, and by Daniel for the diabetic coma (University of Phoenix, 2011). Daniel could be a potential defendant for assaulting Malik after spilling the beer on Daniel’s son. Daniel’s boss could be a potential defendant because he wrongfully fired Daniel. Daniel might be a potential defendant for shooting Malik, but being this was in self-defense (if Daniel did not know the gun was not loaded) the case would probably be decided in Daniel’s favor. The elements of the tort claim that constitute the plaintiff’s claim Daniel could say he was trying to protect his son Ruben’s pride for Malik spilling the beer on him. So he shoved Malik to let him know this type of behavior was not acceptable. Daniel defense against the woman he could sue her for defamation of character. The woman did not see the incident so to jump to conclusion was wrong. Daniel defense against the boss is wrongful termination. He was going on hearsay and...
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...SWFOUN86 Course Start Date: 5/14/2012 Course End Date: 6/18/2012 Day & Time: Monday, 6:00pm PST Course Schedule________________________________________________________ Workshop 1 – May 14, 2012 Workshop 2 – May 21, 2012 Workshop 3 – June 4, 2012 Workshop 4 – June 11, 2012 Workshop 5 – June 18, 2012 Course Description This course examines, analyzes, and applies to the morn business environment the nature, formation and system of law in the United States. Course Topics & Objectives 1. Legal Environment Explain the relationship between business and the legal environment. Evaluate the social responsibility of business practices. Describe the stages of a civil case. 2. Torts Assess business situations for tort liability and defenses. 3. Contracts and Commerce Describe the elements of a valid contract. Explain the application of the Uniform Commercial Code to commercial transactions. Differentiate between types of interests in property. 4. Business Organizations Differentiate business entities by their advantages and disadvantages. Explain the actions which may result in the piercing of the corporate veil. Describe the formation and dissolution of a corporation. 5. Employment Law Government Regulation Describe the evolution of employment law. Explain government regulation of employer-employee relationships. Describe laws protecting intellectual property, environment, and consumer rights. Distinguish...
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...they are the individuals who are set to figure out the opportunity of the legal, the image of equity and they are additionally persons who are set to apply the law in the case before them. By and by, there is an issue of if judges do make law. To put it specially, are judges simply law discoverers or are they truly legislators. It is a reality to the legitimate organization that the essential part of judges is to apply the existing law into the case he is choosing. In this way, judges requirement to find any previous law that they wish to apply and by ethicalness of that gesture, judges are law discoverers in place of officials. They need to find the law and not to authorize the law. This is because of the way that by the convention of detachment of forces, legal ought not meddle with the part of the lawmaking body. Thusly, judges should not meddle with the Parliament, which is the legislator of the nation. In any case, it is additionally a reality that as the lawful framework advances, so does the part of judges. Rather than adhering to their employment as law discoverers and the feeder of equity, they now leave their lawful engraving on the legitimate framework. What is implied by legitimate engraving is that they leave a legacy, which is another guideline of law, improved by them when they settle on a case. As a normal law nation, this legacy will then be connected by numerous others through the convention of legal point of reference and in a roundabout way, to some degree...
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...implied for merchantability or fitness for a particular purchase, as set forth in Chapter 8. 2. Privity of Contract Breach-of-warranty is based on contract law. Generally, an injured person to recover for a breach of warranty, he must be in a contractual relationship (privity) with the seller (a consumer or buyer of the product) and prevents recovery from bystanders not in privity with the seller. B. Negligence To prove negligence in a product liability case, plaintiff must show defendant did not use reasonable care in designing or manufacturing its product or in providing adequate warnings or failed to comply with statutory requirements. Generally, plaintiffs cannot prove negligence by introducing evidence of “upgrades” taken by a defendant to improve a product. MacPherson is the landmark case in which the defendant manufacturer was found liable for negligence even though there was no contractual relationship between the manufacturer and the plaintiff. Case...
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...Purpose is to convey how misrepresentation can mislead and cause damages and how negligence can occur even when it wasn’t attended. Mable Hardluck is the plaintiff and CNSA are the defendants in this case. Mabel has to waste another year finishing her courses and took courses that were irrelevant. Mabel wants to reclaim her tuition from CNSA so she could pay for the qualifying year at USNA. She is seeking damages and will portray how tort of negligence was violated and was provided with misrepresentation of information. Duty of care should be owed to every student that turns to an advisor for guidance, students can’t afford to be misrepresented and have advisors be negligent when providing them with information. Synopsis Negligent misrepresentation The advisor should have known before providing the student with information, even if Ima was mistaken and believed it was true, negligence was still characterized by the advisor. Referring to the case, “Liu v. Wantell Business Networks Corp,” the plaintiff, Jun Liu is in a similar situation as our plaintiff Mable. In this case, the allegations that were made against CNS were also about false information about education and also regarding money. Her lawyers were successfully able to make a case based of the tort of negligent misrepresentation of information. As an...
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...Synopsis In the interactive simulation in negligence regulatory compliance, Alumina Inc. is an aluminum producing company that operates in eight countries around the world. The company has business interests in automotive components, the manufacturing of packaging materials, bauxite mining, alumina refining, and aluminum smelting. Although Alumina operates in many countries, the United States accounts for nearly 70% of Alumina’s sales figures. (UoP, 2002 ) Five years ago, in a routine Environmental Protection Agency (EPA) compliance evaluation, Alumina was reported to be in violation of environmental discharge norms. According to the evaluation results, the Polycyclic Aromatic Hydrocarbons (PAH) concentration in water test samples were above the prescribed limit. (UoP, 2002) As a result, the EPA ordered a mandatory clean up; to which Alumina immediately complied and upon an EPA audit, received a report as the issue being “corrected.” Furthermore, up to the date of the EPA’s findings and the five years following, Alumina has had no other blemishes on its environmental regulation compliance record. Now, five years later, a story in the local newspaper, The Erehwon Reporter, reports that Kelly Bates, a 38-year-old single mother, is making accusations that Alumina has repeatedly contaminated the water of Lake Dira with carcinogenic effluents; which is being blamed for the proximate cause of her 10 year daughter’s diagnosis of leukemia. Risks The threat of a lawsuit presents...
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