Synopsis of Tort Cases Paper - David Trejo

Synopsis of Tort Cases Paper - David Trejo -...

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Synopsis of Tort     1 Synopsis of Tort Cases David Trejo February 3, 2010 BUS/415 – Business Law Instructor: Rob Tischer
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Synopsis of Tort     2 Synopsis of Tort Cases A tort is a wrong that has been done to someone. Tort law provides remedies for civil wrongs that do not involve contracts (Cheeseman, 2010). For example, if someone is peacefully sitting down while enjoying a coffee at a local coffee shop and another patron purposefully hits this person sitting down, tort law can be used in this instance. The person who was sitting down can seek compensation for damages arising out of being struck, including emotional damages. Tort law can be applied to either negligent or intentional acts (Cheeseman, 2010). This paper will identify four scenarios in which tort law can be applied and will identify tort actions, identify the potential plaintiffs, the defendants, the elements of the tort claim that constitute the plaintiff’s claim, any defenses the defendants may assert, and how the writer of this paper believes the claim will be resolved. Scenario one 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. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. 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. An usher takes Malik to the first aid station. 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, who tells him he does not want anyone working for
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Synopsis of Tort     3 him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium. Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Malik’s wife starts screaming and phones for an ambulance and the police. Before the police and
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This note was uploaded on 08/21/2010 for the course ACCT MKTG321 taught by Professor Ms.kris during the Spring '10 term at DeVry Long Beach.

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Synopsis of Tort Cases Paper - David Trejo -...

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