Synopsis of Tort Cases Paper WEEK III
Synopsis of Tort Cases Paper
According to Morris (1976), tort is “any wrongful act, damage or injury done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought”. Three elements must be established in every tort action, the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion, must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly and the plaintiff must prove that he or she suffered injury or loss as a direct result of the defendant’s breach. Tort law has touched on every aspect of life. In tort cases, monetary damages are sought as remedies for resolution of a case. This paper dissects four scenarios with conflicting situations that involve tort actions. For each scenario, the following will be addressed: what tort actions are seen; the identity of potential plaintiffs; the identity of potential defendants and why each one is seen as a defendant; the elements of the tort claim that constitute the plaintiff’s claim; any defenses the defendant might assert; how the claim may be resolved, including legal reasons for this resolution.
Daniel could possibly be charged with two intentional tort actions for assault and battery. The first would be for pushing Malik, causing him to fall, knocking out his two front teeth. The second would be for shooting Malik. Both actions caused injury to another person and were intentional. These acts would be tried in a civil court.
The stadium’s owners are liable for unintentional tort for faulty safety railings. They have an obligation to inspect, repair and maintain equipment to make it safe for patrons (breech of duty).
Malik could be charged with an intentional tort for pulling the unloaded gun on Daniel and his son, which could have...