Bus 415 Week 3 Essay

871 Words4 Pages
Synopsis of Tort Cases When dealing with a group of issues it is import to be able to identify the plaintiffs, defendants, understand what tort applies to the situation, and the defense each defendant could use against the torts. Action One The first situation would involve unintentional, intentional and, and product liability torts. The first issue that comes up would be the opposing player breaking the quarterbacks arm. This would not fit the unintentional tort. The opposing player did not breach the duty of care. The duty of care state “The obligation people owe each other not to cause any unreasonable harm or risk of harm (Cheeseman,2010, p.100).” Since they are playing the game of football the defendant (opposing player) acted in way that was part of the game. Therefore he could not be held responsible for the injury to the other team’s quarter back. The injured fan would also fall into the same group as the quarter back. Nothing the quarter back did was intentional and he did not fail in his duty of care for the accident to happen. The next issue that arises is the angry fan, Adam, spilling his beer on Rubina and Rubina’s action against Adam. Rubin’s action of violence towards Adam would fall under the intentional tort. An intentional tort is “category of torts which requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries (Cheeseman, 2010, p.95).” By Rubina pushing Adam she committed an act of battery. She created a harmful action against Adam that resulted in Adam getting injured. Lastly, the fact the railing broke would fall under the product liability tort. The product liability tort makes it so the manufacture can he be held reliable for the faulty railing that caused Adams injuries. Adam, the defendant, could state that the maker of the railing is the reason that after Rubina pushed him he suffered minor
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