Question
(Torts - intentional, causation, necessity) Mammonville is a small and corrupt town. M is a mayoral candidate in the approaching elections. Although little known in
(Torts - intentional, causation, necessity)
Mammonville is a small and corrupt town. M is a mayoral candidate in the approaching elections. Although little known in the town, M stands a good chance of winning: voters' turnout is normally very low, and by extensive vote buying, M can pretty much secure a victory.
P, a resident of Mammonville, is a survivor of the Jewish Holocaust, greatly traumatized by those horrible experiences early in her life. She knows M to be a deranged neo-Nazi, with delusions of grandeur and given to bouts of hysteria. The prospect of M's election alarms P greatly: she finds M's views appalling as well as dangerous; she fears that with M as mayor, she and her family will be persecuted and perhaps killed, with no one to protect them; she also believes that M's election is sure to exacerbate the serious social tensions that exist in the town and is likely to lead to bloodshed. Her attempts to alert the town's residents to the dangers have failed-the town's only newspaper and only radio station are both owned by M, and her complaints to the police about the vote-buying have been ignored-the police force is all on the take. Her appeals to national T.V. networks have been disregarded too, as not sufficiently newsworthy.
Time before the elections is short, and in her despair P decides that a drastic action is called for to attract attention to the situation and shock the voters out of their complacency, P goes to a rally held by M. When M and his two bodyguards come on stage, P hurls a dummy hand grenade in M's direction. The heavy object grazes M's head and lands on the podium. Believing it to be a real grenade about to explode, M picks it up and throws it into the midst of the dense crowd, hitting R in the head and causing her a concussion. Meanwhile B, one of the bodyguards, a well-trained former paratrooper, instinctively shoots at T, whom he misidentified as the thrower of the "grenade." He misses, and hits instead V, causing him severe injury.
After throwing the "grenade" back at the crowd, M starts screaming at the top of his lungs: "Kill them all, kill them all!" G, the second bodyguard, whose loyalty to M knows no bounds, starts shooting indiscriminately into the crowd, killing one person, and wounding three others. At this point the crowd is in a state of utter panic, with everyone rushing toward the exit doors. In the chaos that ensues, one person is trampled to death.
Discuss the tort claims that can be brought against any of the named individuals based on the events that took place at the rally. In your discussion, present arguments for the plaintiff and the defense, and indicate your preferred conclusion.
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