chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount
Words: 1129 - Pages: 5
Intentional Tort of Defense Introduction to Tort June 7, 2012 Facts On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy, which he was a frequent customer. However, Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking disturbed
Words: 702 - Pages: 3
Intentional Torts and Defenses of Leroy McPhillen and John Victoria Downie Kaplan University Professor Randee Breiter Torts and Personal Injury PA165 May 31, 2015 Intentional Torts and Defenses of Leroy McPhillen and John Human and animal nature is defined by the subconscious behavior of the fight or flight instincts. People have the ability to view situations and determine whether they need to fight for their life or run. What sets us apart from animals is that we
Words: 1003 - Pages: 5
Breach of Confidentiality in the Professional Health Setting When it comes to the healthcare profession, patients expect the information they give to the receptionist, nurse or doctor be kept in complete privacy. A breach of confidentiality, in the medical field, for example, is when information about a patient is given to another individual without written or oral consent. Trust plays a very viable role in any physician/patient relationship. Without this trust, physicians, nurses, EMTs or any
Words: 556 - Pages: 3
A. Give 2 specific examples/ scenarios of each of the following intentional torts: 1. Invasion of Privacy a. Most retail places, they ask their customers at the checkout station for their phone number, email address, or home address. It said to be that there are third party organization who willing to pay for these information and start sending to these customers their product advertisements, or unnecessary information loads that the customers do not have control over. b. Every tax season
Words: 746 - Pages: 3
Introduction to Torts Victor M. Salas-Pellot PA165-01 – Unit 3 Professor Laurence Mraz Kaplan University February 19, 2013 FACTS: Leroy McPhillen was a regular patron of The Bottom’s Up Pub, an intoxicated man named John, began shouting obscenities at a woman seated at a table
Words: 1003 - Pages: 5
woman then informed Mr. McPhillen that the man was her husband. Issue / Questions presented: The questions presented are (1) which intentional torts were committed, and (2) what defenses are available to the tortfeasors? Short Answer: In this case, both the intoxicated man and Mr. McPhillen are in fact guilty of committing intentional torts. Both parties do have arguable defenses available. However, more information is needed regarding (1) events occurring prior to the Assault
Words: 1191 - Pages: 5
Tort Law p2 * The difference between contract law and trot law is that: (这个可以不用写下来) At the core of contracts, we have agreed with specific others to do or not to do things. With Tort law, it’s much broader than that. In the agreements that we make, are not necessarily so specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例:I agree not to build on my property
Words: 4381 - Pages: 18
Bank of America Name Professor’s Name Institution Date How administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. Securities and Exchange Commission ha s the role of looking after United States investors against possible loss of profits. This is by keeping a reasonable and organized practice
Words: 1634 - Pages: 7
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
Words: 1760 - Pages: 8