...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 In this assignment Team B is writing a synopsis for four tort cases in which we will try to identify specific areas of the case. In each case we will identify the tort action in each case, which is the wrongdoing within the scenario. We will also identify the plaintiffs in the scenarios along with the defendants in each case. The identification of the elements within the tort claim will also be identified for each scenario. The defense that the defendants may assert will be addressed to show how the defendants plan on pleading their case. After each scenario is evaluated the decision on how each case would be resolved will be stated with legal reasoning for each answer. Scenario #1 In the scenario presented, many things occur. Some of these are intentional actions and some happen by accident. From a legal perspective, these are referred to as tort, which is considered to be a “civil wrong.” Generally, these are not covered by law or statute. A plaintiff has the can be compensated for damages that were sustained as a result of the tort. There are several tort actions present in the case, these include: battery, defamation, wrongful termination, and negligence. There are several potential plaintiffs in this case. First there is Malik, who can claim battery at the hands of Daniel for the fall that breaks his teeth. Malik might make a civil case for being shot. Daniel could also be subject to criminal charges. Second, Daniel could pursue defamation...
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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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...claiming various actions is deserving of the 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 it from its common law origins. Tort, as with any law, is forever changing and evolving by the use of lawyers and judges, alike. Despite certain efforts for the reform of tort, it is still difficult to overlook the use of modern torts and fail to see the convoluted system of rules and laws covering the main purpose of tort law. According to the Cornell University Law School website (2010, para. 4), “torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products).” This paper will examine a few of these types of torts and their possible outcomes. Scenario One In scenario one, there are several intentional and unintentional tort actions that are displayed. The torts that clearly stand out are battery and intentional infliction...
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...offer and acceptance in the given scenario, also considering any impact of new technology. 5 Assess the importance of the rules of intention and consideration of parties to the agreement by applying. 7 Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement 7 SPECIFIC TERMS IN A BUSINESS CONTRACT. 8 Analyze specific contract terms with reference to there importance and impact if these terms are broken using Mr. John’s contract for purchase of computers. 8 Justify the selection of methods/ techniques that Mr. John should use for the termination of contract with Mr. Bobs Company. 8 Apply and analyze the law on standard form contracts in the given scenario 9 Discuss the effect of exemption clauses in attempting to exclude contractual liability in the given scenario 11 LAW OF TORT IN BUSINESS ACTIVITIES AND PARTICULAR FORMS OF TORTIUOS LIABILITY. 12 Describe the nature of general tortuous liability comparing and contrasting to contractual liability 12 Explain the liability applicable to an occupier of premises in the given scenario 13 Discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications taking Mr. Bobs Company as an example 13 Distinguish strict liability from general tortuous liability in the given scenario. 14 ELEMENTS OF THE TORT OF NEGLIGENCE 14 Explain and understand the application of the elements of the tort of negligence 14 Analyse the...
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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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...University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME, Inc. (WIRETIME) has committed trade libel. WIRETIME’s advertisement satisfies the three conditions of trade libel as defined by our text (Melvin, 2011, p.212): 1. Clear and specific reference to the disparaged product. WIRETIME makes defamatory statements about a specific company [BUGusa (BUG)] as well as to the specific product that BUG manufactures (BUG’s electronic recording devices). 2. Disparaging statement made with either knowledge that the statement was false or reckless disregard for the truth. WIRETIME’s statement that BUG’s electronic recording devices are low quality and do not work reliably for longer than one month is reckless disregard for the truth. We have no proof referenced in this scenario ascertaining the truthfulness of WIRETIME’s statement, but we can demonstrate that they published this statement with malice, or reckless disregard for the truth, with the intent of making BUG’s customers believe that BUG manufactures a low quality, unreliable product, thus driving away BUG’s customers and influencing them to use WIRETIME’s product as an alternative. 3. Communicated to a third party. By advertising the disparaging statement, WIRETIME communicated to...
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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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...TEAM A BUGusa, Inc., Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. 1. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME Inc. has committed a tort known as Defamation. A defamatory statement was made toward BUGusa, Inc. attacking their reputation and honesty. When WIRETIME, Inc placed the ad containing statements that BUGusa, Inc’s electronic recording devices were low quality and did not work longer than a month’s period, it created harm to BUGusa clients. For this reason, WIRETIME, Inc created a tort by imposing false statements. 2. Scenario: WIRETIME, Inc. (Janet) Has WIRETIME, Inc. committed any torts? If so, explain. In the scenario of WIRETIME, Inc and Janet, WIRETIME has carried out a Tort known as, Current Contractual Relationship Tort. WIRETIME talked Janet into breaking her current agreement with BUGSusa for their job by offering more money and a sign on bonus. WIRETIME had a clear understanding of the agreement Janet held with BUGSusa because they saw the contract. They definitely interfered with the agreement. For this reason, WIRETIME, Inc created a tort by inducing Janet to break her existing contract. 3. Scenario: WIRETIME, Inc. (Steve and Walter) Discuss any liability BUGusa, Inc., may have for Walter’s actions. BUGusa, Inc. would be in violation of the tort false imprisonment. They will also be liable...
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...ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Unit code 6 STUDENT NAME CALIN ZIMBRAN Student ID: p1002572 London 2013 Contents The essential elements of a valid contract in a business context 2 The impact of different types of contract 3 Terms in contracts 4 Elements of contract in given business scenarios 4 Law on terms in different contracts 5 Effect of different terms in given contracts 6 Liability in tort vs. contractual liability 6 Nature of liability in negligence 7 Vicarious liability 7 Elements of the tort of negligence and defences in different business situations 7 Elements of vicarious liability in given business situations 8 References: 8 The essential elements of a valid contract in a business context There are 4 essential elements necessary to form a valid and legally binding contract: 1. Agreement, which means offer and acceptance (notice that even though we put in the same category, they should be treated as two separate entities); 2. Consideration; 3. Intention (to create a legal relation); 4. Capacity. Even though we have 5 elements, which must all occur in order to generate a contract, the most relevant and the main indicator of a potential legally binding contract are the offer and the acceptance. This step can be long and difficult but once it comes to a conclusion, steps 2 to 4 can occur at the same time. The offer An offer expresses the strong will of a person making the offer (the offeror)...
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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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...Bugusa, Inc. Worksheet LAW/421 Version 2 1 University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the BUGusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. In the case of WIRETIME, Inc., tort has been committed. Per the reading, “a tort is when one party has acted, or in some cases failed to act, and that action or inaction triggered a loss to be grieved by another party” (Melvin, 2011). WIRETIME, Inc., made a defamatory statement about Bugusa, Inc.’s reputation. WIRETIME, Inc., also enlisted an ad in a well-known magazine that enclosed a statement alleging BUGusa for having bad merchandise. BUGusa doubtfully will undergo reputation or loss of clients due to the negative hoarding that WIRETIME, Inc., bashed. Scenario: WIRETIME, Inc. (Janet) Has WIRETIME, Inc. committed any torts? If so, explain. Scenario: WIRETIME, Inc. (Steve and Walter) Discuss any liability BUGusa, Inc., may have for Walter’s actions. In this case, the liability BUGusa, Inc., may encounter for Walter’s actions is that he committed a tort when locking Steve inside a soundproof room and threatened him with physical harm. Keeping Steve in a soundproof room can be defined as false imprisonment. False imprisonment prohibits wrongful restraining, confining or detaining a person without that person’s consent (Penal Code 236). Criminal threatening sometimes known...
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...Introduction This assignment will establish the elements needed for a person to be held liable in Tortious Law. Once the elements have been established they shall then be used to determine if the individuals in each scenario would be held liable. Tort Law Tort Law in layman’s terms is a civil wrong. It does not necessarily need to be an illegal action but an action that has consequently caused harm or suffering to another. The main outcome for a person claiming they have been a victim of a tortious act is compensation. For a successful tort claim the three main elements need to be present and their needs to be a standard of proof; a balance of probabilities. The Necessary Elements As followed in Donoghue v Stevenson [1932] AC 562 i. Duty of Care ii. Breach of Duty iii. Damage caused by Breach of Duty. Causation This coincides with the three part test established in case that leads precedent in tortious liability, Caparo Industries Plc v Dickman [1990] 1 All ER 568. i. Foreseeability of Damage ii. A relationship characterised by the law as one of proximity or neighbourhood. iii. A relationship characterised by the law as one of proximity or neighbourhood Duty of Care Duty of care prior to 1932 was restricted to situations where a relationship had already been established such as a doctor-patient relationship. However in Donoghue v Stevenson that duty of care became adapted. Lord Atkin formulated a principle known as the ‘neighbour test’; ‘take reasonable care...
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...12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Aim: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Key Objectives: 1. What are...
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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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