Question
(a) Whether one or more torts has been committed. (b) If yes, which category does the/do the tort(s) fall into? (c) Who is the tortfeasor/defendant?
(a) Whether one or more torts has been committed.
(b) If yes, which category does the/do the tort(s) fall into?
(c) Who is the tortfeasor/defendant?
(d) What type of damages do you think are fair (special compensatory, general compensatory, punitive)?
List of torts:
Assault
Battery
Negligence
False Imprisonment
Nuisance
Intentional Infliction of Emotional Distress
1. As a joke, Annette removes the bullets from her father's revolver; takes the gun outside, and points it at the head of her neighbor, Mrs. Joiner, who is just leaving her house. Mrs. Joiner, scared, has a heart attack and dies instantly.
(a)
(b)
(c)
(d)
2. Kathleen is in a record store. As she passes a rack of compact discs, she quickly slips one under her jacket. Thinking that no one has noticed, she turns to leave the store. The store manager, however was watching her on a closed-circuit television. As soon as she passes the cash register, he stops her, before she leaves the store. The manager calls the police and keeps Kathleen in his office until they come. He points a gun at her to make sure she does not leave.
(a)
(b)
(c)
(d)
3. Bill's dog, known to have a propensity to bite, bit Steve after Bill's servant mischievously let the dog loose.
(a)
(b)
(c)
(d)
4. Baxter purchased an automobile from Ford, Inc. that they claimed was equipped with a windshield that was shatterproof. Baxter was later injured when the windshield shattered after a small rock hit the windshield while driving down the freeway.
(a)
(b)
(c)
(d)
5. Mary Murray sued Wal-Mart, claiming she was unreasonably detained by the store's employees who suspected her of shoplifting. Maryclaims profane and racially derogatory comments were directed to her by the manager in front of her daughter, grandchildren, and the general public. As a result of this humiliation, she acquired a nervous condition.
(a)
(b)
(c)
(d)
6. Seth and Ferman argue over who should have won a basketball game. Ferman insults Seth's favorite team, the Buckets. He calls its players lazy, worthless, and lucky. Seth is outraged. He has been a Bucket fan for years. Losing all control, Seth punches Ferman in the mouth. Ferman suffers two broken teeth, three chipped teeth, and a badly cut lip that requires 10 stitches. His dental bills total $2,000 and he misses five days of work as a result of his injury. He also requires pain medication for a week and is extremely uncomfortable.
(a)
(b)
(c)
(d)
7. Wells left his golf club lying on the ground in his backyard. While playing in the yard, Wells' son swung the club hitting and injuring Lubitz, who he did not know was standing behind him.
(a)
(b)
(c)
(d)
8. Williams was severely burned when a gasoline drum distributed by Gulf Refining Co. exploded due to a spark produced by the poor condition of the cap.
(a)
(b)
(c)
(d)
9. Mr. Iwamoto works the 11:00pm to 7:00am shift at the factory and then comes home to sleep. On his way to school, Tommy James, Mr. Iwamoto's next door neighboor, has his band practice in the backyard every week-day at 8:30am. The loud music awakens Mr. Iwamoto.
(a)
(b)
(c)
(d)
10. Sandy throws a snowball at a friend on a crowded street corner. The snowball missed the friend but hits an elderly man who falls to the ground and is injured with a severe cut to the side of his head.
(a)
(b)
(c)
(d)
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