MGT 415 week 3 team paper - Running head SYNOPSIS OF TORT...

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Running head: SYNOPSIS OF TORT CASES 1 Synopsis of Tort Cases Holly Hyatt Marc Donovan Tammy Youngman Nary Saing BUS415 09/26/2011 INSTRUCTOR
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SYNOPSIS OF TORT CASES 2 Synopsis of Tort Cases Different tortes have different origins in the laws. Tort law allows an individual to bring suit against the person or property where injury happened.(cheeseman,2010) Learning Team D will look at the various scenarios given to them and identify the tortes and the appropriate action to take. We will do this using the law and reasoning. Scenario I The first Scenario has unintentional and intentional torts. Daniel committed battery by shoving Malik. There is possible defamation of character because; Daniels boss and the women with him are accusing him of providing alcohol to his son. The concession worker served regular soda instead of diet soda (unintentional tort or negligence), and Malik pulling a gun at Daniel when they left the stadium (assault). Daniel would be the plaintiff because, Malik tried to harm him with a gun. Malik would be the defendant because; Malik approached Daniel and his son from behind so, Daniel could be charged with assault by shoving Malik. When a woman accused Daniel of giving beer to his son she accused Daniel of something that was not true and that she had no proof that it happened and by chance the Daniel's boss was there and fired him on the spot because of the woman's accusation. The defense he can assert is defamation against the woman because she accused Daniel of something without proof. Daniel can use wrongful termination as a defense on his boss because he was fired without just cause. Can Daniel prove that he asked for diet instead of regular soda? that could be classified as here say also when Daniel was confronted by the fan in the parking lot with an unloaded gun Daniel could not know the gun was not loaded and believed his life was in danger he was armed as well and shot Malik in self-defense for pointing a gun at them. Daniel feared for his and his child’s lives.
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SYNOPSIS OF TORT CASES 3 The plaintiffs in this scenario are Malik, Daniel, and the quarterback. The elements of the tort claims are intentional torts and duty of care. Malik may place a claim against Daniel for pushing him and caused him bodily harm. The quarterback was hit by the opposing player; therefore he may also place a claim against the opposing player for injury. The opposing player had a duty to act with care. Daniel who was fired by his boss did not intentionally give his son beer; he may make a claim against his boss for defamation. Malik pointed a gun at Daniel so Daniel shot Malik in self defense; this is an implied treat on behalf of Daniel. Daniel fell into a coma because of the soft drinks; he may make a claim against the concession worker for negligence. In the case of Daniel pushing Malik Team D feels it would be dismissed in court because
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This note was uploaded on 09/28/2011 for the course BUS 415 BUS 415 taught by Professor Johnsmith during the Fall '10 term at University of Phoenix.

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MGT 415 week 3 team paper - Running head SYNOPSIS OF TORT...

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