Tort Bus 415 Team Paper

Synopsis of Tort Cases

BUS 415

February 28, 2012

Synopsis of Tort Cases

Upon reviewing four different scenarios, team C will write a synopsis of each case. For each scenario the team will discuss the tort actions, identify possible plaintiffs, possible defendants, and why they are defendants. The team will also provide the elements of the tort claims, any defenses the defendant may assert, and provide a resolution using legal reasons.

Scenario One

Daniel and his son Ruben, attend a football game. Another fan, Malik, is upset by a referee’s call and accidently spills his beer on Ruben. Daniel shoves Malik. Malik grabs a rail that breaks. Malik falls and smacks his face against the steps knocking out his two front teeth. Before leaving Daniel and Ruben stop by the concession to get two diet soft drinks. A lady yells at Daniel for giving beer to his son. Daniels boss overhears the lady and fires Daniel stating he does not want anyone working for him, providing alcohol to a minor. The concession clerk distracted by the commotion gives Daniel two regular sodas. As Daniel and his son get to the car; Malik and his wife appear behind Daniel. Malik is waving a gun trying to scare Daniel. Daniel pulls out a concealed gun and shoots Malik. Malik’s wife calls 911, Daniel slips into a diabetic coma before emergency services arrive (University of Phoenix, 2012).

Tort Actions

The tort actions in the above scenario fall under the intentional torts against persons and one tort that falls into the unintentional tort of negligence.

Plaintiffs

The plaintiffs in the case are Daniel and his son Ruben. Malik and his wife are also possible plaintiffs.

Elements of the Torts

Daniel could sue Malik for the intentional tort of assault against his son Ruben by spilling his beer on Ruben. Malik could also sue Daniel for the intentional tort of assault because Daniel pushed Malik causing him to lose his two front teeth. Daniel could sue the lady standing in...