BUS415 Synopsis of Tort Cases Paper - Copy

BUS415 Synopsis of Tort Cases Paper - Copy - Synopsis of...

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Synopsis of Tort Cases Paper 1 Synopsis of Tort Cases BUS/415 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
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Synopsis of Tort Cases Paper 2 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 and wrongful discharge from employment against his boss. Daniel can also purse negligence by the stadium for giving him a sugared soda that sent him into a diabetic coma. Additionally, if Malik and or Daniel are not in the capacity to level the tort action because of being in a coma, their respective families could act on their behalf. Daniel would be a defendant in the case of Malik for shoving him and also for shooting him. In the case of shoving, the battery caused injury (Malik’s teeth.) In the case of the shooting, Malik’s actions to scare Daniel might have backfired, but essentially harm was ultimately done. The stadium would be a defendant in a case of negligence. Daniel’s employer
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Synopsis of Tort Cases Paper 3 and boss would be defendants in the case of defamation for claiming he gave a minor alcohol, which led to a wrongful termination. In the case of the injuries, harm was done willfully. In the case of wrongful termination, Daniel was not given a proper opportunity to explain the situation, and it was not based upon his work performance and or behavior. In the negligence case, injury occurred to the Daniel, the stadium made a mistake in his order, and a duty of care was owed to him by the stadium. Ultimately, this convoluted case would be resolved by Daniel receiving a settlement from
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This note was uploaded on 08/22/2011 for the course BUS 415 taught by Professor Barnes during the Spring '11 term at Coastal Carolina University.

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BUS415 Synopsis of Tort Cases Paper - Copy - Synopsis of...

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