TORTS

Hypothetical No. 1

Peter, a movie producer, leased the Calumet Saloon in a small western community for one day, in order to film an indoor barroom scene for a moving picture. According to the script for the picture, Dangerous Dan, a desperado, was to enter the barroom and take a wild shot at Gentleman Jim, a customer in the saloon. This was to be followed almost immediately by a second shot by Dan which would appear to hit Jim. Shortly before the scene was made, a prop man accidentally inserted live ammunition into Dan's gun, instead of the blanks that were intended. When Dan drew what he believed to be a harmless gun and shot at Jim, a bullet pierced Jim's cowboy hat and Jim realized that when the second shot came he probably would be killed. The script called for the crowd in the saloon to be yelling loudly, so there was no opportunity to call the matter to Dan's attention within the few seconds available between shots. Jim was holding a bottle in his hand, so he raised him arm to throw the bottle at Dan. Dan was frightened by this gesture, which was not in the script.

At this moment, Fred entered the saloon. Fred was a regular customer of the Calumet Saloon and came in every morning. He failed to notice a prominent sign by the door stating that the Calumet Saloon would be closed all day. When Fred pushed open the swinging door, it knocked over one of Peter's cameras, which had been set up immediately in front of the door. The camera was broken. Fred saw that someone was about to throw a bottle at another person. Fred did not see Dan's gun and, to prevent Jim from throwing the bottle, Fred knocked Jim to the floor.

What are Jim's rights, if any, against Dan and Fred? Discuss.

What are Dan's rights, if any, against Jim? Discuss.

What are Peter's rights, if any, against Fred? Discuss.