HW: Tort Scenario Sheet - Barrington High School



HW: Tort Scenario SheetInstructions: Read the following scenarios and fill in the chart for each.Scenario 1:Fourteen-year-old Carrie is babysitting for four-year-old Jill. Carrie leaves Jill in the living room and goes into the kitchen to call her boyfriend. From the kitchen she can hear but not see Jill. While she is away, Jill falls off a chair and is hurt.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Carrie’s parentsWho would the plaintiff be in this scenario?Jill’s parentsWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyBaby sitter should ensure the safety of the child similar to the child’s parents2.Breach of DutyGoing into the kitchen and leaving the child3.CausationBy leaving Jill, she was able to fall off her chair4.DamagesJill is injured form the fallIf you were the defendant in this action, what would be the best defense to use?Missing elements: Breach of Duty. Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because being in the kitchen would be similar to the way a parent would behave and is not a breach of dutyWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Defendant (Carrie’s Parents & Carrie)Scenario 2:Tom, a sophomore in college, decides that he would like to get a summer job as a lifeguard. Tom received all of the appropriate training. During his second week on the job he notices two girls by the concession stand and decides that he is going to go over to them to see if he can get a date with one of them. While he is talking to the girls a young girl jumps off the diving board and sinks like a rock to the bottom of the pool. After a couple of minutes, Tom hears someone yell out “my sister is drowning!” He jumps into the pool, pulls the girl out, and performs CPR. The girl comes to and, after catching her breath, appears to be fine.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?TomWho would the plaintiff be in this scenario?Young girl’s parentsWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyTom has a duty to ensure the safety of people at the pool2.Breach of DutyBy talking to the girls he was not performing his duty 3.CausationBy not paying attention to the girl who was swimming, the girl started to drown4.DamagesThe trauma of almost drowning?If you were the defendant in this action, what would be the best defense to use?Missing elements: Damages Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Missing Elements (No damages) - the girl was not injuredWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Tom (Defendant) No damages were present so no tort occurred.Scenario 3:Consuela leaves a sharp knife on the kitchen table after making a sandwich. A three-year-old neighbor boy, who has been invited over to play with Consuela’s daughter, climbs up on a chair, grabs the knife, and seriously cuts his finger.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Consuela Who would the plaintiff be in this scenario?Neighbor boy’s parentsWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyConsuela should ensure the safety of the child similar to the child’s parents2.Breach of DutyLeaving a sharp knife out3.CausationBy leaving the knife out, the children were able to play with it and injury one another4.DamagesCut the neighbor boy’s fingerIf you were the defendant in this action, what would be the best defense to use?Missing elements: Breach of Duty Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because leaving a knife out (while possibly irresponsible) is a normal occurrenceWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Consuela (Defendant)Scenario 4:Maggie, Daniel and Patrick are on their high school Spring Break in Wisconsin. Even though the water is freezing, they decide that they will go swimming in the lake. The three of them agree that Patrick would jump in first. Patrick jumps in. The water is shockingly cold and Patrick feels his chest start to tighten. Patrick yells out to his friends to save him but they don’t want to jump in and drown. The last thing Patrick sees is Maggie standing on the end of the pier confused as Patrick drowns. Patrick’s family sues Maggie and Daniel.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Maggie and Daniel’s parentsWho would the plaintiff be in this scenario?Patrick’s parentsWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyTo ensure the safety of their friend2.Breach of DutyDid not do anything to help Patrick3.CausationBecause they didn’t do anything, Patrick drowned4.DamagesThe death of PatrickIf you were the defendant in this action, what would be the best defense to use?Missing elements: DutyWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because average citizens have no duty to each otherWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Maggie and Daniel’s parents because they (Maggie and Daniel) don’t have a duty to help Scenario 5:Mike is waiting to speak to Mrs. Crabapple before his next class, but Mrs. Crabapple ends up being very late. After about five minutes of waiting, Mike decides that he needs to get to the class he is actually supposed to be in, before it’s too late. Mike walks across the hall to his class but, as he enters the classroom, he slips on some Gatorade that was left on the floor. As he slips, he falls on his elbow and fractures it. The parents of the student sue Mrs. Crabapple for the medical bills claiming that she was late to class.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Mrs. CrabappleWho would the plaintiff be in this scenario?The parent of the student What tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyMrs. Crabapple needs to arrive to class on time and to maintain a clean/safe environment/near in her classroom2.Breach of DutyMrs. Crabapple was late to class3.CausationIf Mrs. Crabapple was there, the student would not have been in such a rush may not have slipped4.DamagesStudent’s fractured elbowIf you were the defendant in this action, what would be the best defense to use?Missing element: CausationWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)The teacher’s tardiness did not cause the fallWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Mrs. Crabapple because, while there was a breach of duty, the breach did not directly cause the injury (damages) that were sustainedScenario 6:Mr. Gundy owns a large apartment building. When his janitors wax the lobby floor, they place a twelve inch square sign near the front door that reads: “Caution. Wet Floors.” Mrs. Gonzalez is hurrying home from shopping carrying two large bags of groceries. She does not see the sign and slips and falls on the freshly waxed floor, injuring her knee and arm.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Mr. GundyThe janitors (possibly)Who would the plaintiff be in this scenario?Mrs. GonzalezWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyMr. Gundy has a duty to ensure the safety of the premises (the building and surrounding area)2.Breach of DutyBy leaving the floors wet, it was not safe 3.CausationThe floors being wet caused Mrs. Gonzalez to fall4.DamagesMrs. Gonzalez injured her knee and armIf you were the defendant in this action, what would be the best defense to use?Comparative FaultWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)While Mr. Gundy (and the janitors) would be considered to have some fault, Mrs. Gonzalez was also to blame. Mrs. Gonzalez should not have been carrying two bags (because she would have seen the signs)Who do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Mrs. GonzalezScenario 7:Ben, a high school football player, tackles a teammate in practice. When the teammate hits the ground, his shoulder is separated.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Ben’s parentsCoachSchool DistrictWho would the plaintiff be in this scenario?Teammate’s parentsWhat tort took place in this scenario?For this scenario a student could have either:Negligence OR Intentional Tort: BatteryWhat are the elements for this tort and how were they demonstrated in this scenario?If they have Negligence, they should have:Elements for NegligenceExample(s) from Scenario:DutyBen had a duty to tackle the teammate properly2.Breach of DutyBy tackling him improperly 3.CausationBy tackling him and hitting the ground an injury was caused4.DamagesSeparated shoulderIf they have intentional tort, they should have:Elements for Intentional TortExample(s) from Scenario:Intentional TortBatteryCausationBy tackling him and hitting the ground an injury was causedDamagesSeparated shoulderIf you were the defendant in this action, what would be the best defense to use?For Negligence the defense would be: Missing elements: Argue that there was no breach of duty because tackling is a normal part of the gameFor Intentional Tort: Battery the defense would be:Assumption of Risk (Consent): By signing the waiver, the teammate was accepting certain, reasonable, risks.Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)See aboveWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Ben. Either argument (above) would probably be successful.Scenario 8:Steve and Tom are big fans of the UFC (Ultimate Fighting Championship). After watching a fight, Tom says that he could be an UFC fighter. Steve said that it would be impossible because he couldn’t even beat him. After a lot of posturing, Tom and Steve agree to an UFC style fight. During the fight, Steve punches Tom and ruptures his spleen. Tom is taken to the hospital for treatment of his injuryScenario ChartQuestion:Answer:Who would the defendant be in this scenario?SteveWho would the plaintiff be in this scenario?TomWhat tort took place in this scenario?Intentional Tort: BatteryWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:IntentionSteve committed battery when he struck Tom2.CausationBy hitting Tom, Steve caused the damages3.DamagesSteve’s spleen was rupturedIf you were the defendant in this action, what would be the best defense to use?Assumption of Risk (Consent)(Note: “Assumption of Risk” is actually the defense for negligence and “Consent” is the defense for an intentional tort. They basically mean the same thing…)Why did you choose this defense?Both agreed to the fightWho do you think would win in this scenario? Why?Assuming both men were hitting each other, Steve would probably win (and not have to pay damages)Scenario 9:Susie and Ellen are juniors in college and have been best friends since high school. Jeff asked Ellen to the homecoming dance. When Susie found out, she was very upset because she told Ellen that she liked Jeff and wanted to go with him. To get even, Susie spray-painted Ellen’s 1965 Mustang convertible. Susie admits to vandalizing Ellen’s car, but refuses to pay for the damages claiming that “Ellen asked for it.” Nothing is done at the time but 10 years later Ellen tries to sell her car and realizes that she will get less for it because of the paint. Ellen sues Susie for the difference.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?SusieWho would the plaintiff be in this scenario?EllenWhat tort took place in this scenario?Intentional Tort: Destruction of Personal PropertyWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:IntentionSusie wanted to cause damage to the convertible2.CausationBy spray painting it the car was damaged3.DamagesThe car will probably need to be repaintedIf you were the defendant in this action, what would be the best defense to use?Statute of Limitations (Lapse of Time)Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Normally there would be no defense: “Ellen asked for it” is not a defense and she intended to cause harm (intentional tort) but because Ellen waited so long (10 years), the defense would be lapse of time. Who do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Ellen because Susie meant to do harm and has no defenseScenario 10:Harry, a school bus driver, has a heart attack while driving the bus. The bus slams into a wall, injuring several students. One month earlier Harry’s doctor had warned him of his heart condition. One of the students start having headaches seven years later and the parents sue.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Harry (bus driver)Bus companyNote: In Barrington, the school wouldn’t work because the school doesn’t own the bus company and this why… (they don’t want the liability)Who would the plaintiff be in this scenario?Several student’s parentsWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyHarry has an obligation to ensure the safety of the riders2.Breach of DutyHe knew he had a heart condition and needless put the riders in jeopardy3.CausationHis heart attack directly caused the accident4.DamagesSeveral riders were injuredIf you were the defendant in this action, what would be the best defense to use?A Student can have either one of the following: Missing Elements: Breach of Duty: You could possibly argue “Missing elements”: he did not breach his duty by continuing to drive (many people drive even though they have ailments).Statute of Limitations (Lapse of Time): In this instance your best defense would be lapse of time because the lawsuit occurred seven years laterWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)See aboveWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)The bus driver because of the seven years it took for them to sueScenario 11:Matt and Sara are sitting in the upper deck behind first base at a major league baseball game. A foul ball hit by their team’s star player bounces off the railing, smacking Matt in the head and giving him a concussion.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?The playerThe baseball team ownerThe park owner (if not the same person)Possibly MLB (Major League Baseball)Who would the plaintiff be in this scenario?MattWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyThe park has a duty to ensure the safety of all people there2.Breach of DutyFans being hit in the head with baseballs does not ensure their safety3.CausationThe ball hitting him caused the concussion4.DamagesMatt received a concussionIf you were the defendant in this action, what would be the best defense to use?Assumption of Risk (consent)Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)By purchasing the ticket, Matt consented to the additional risk that the park had (that baseballs might be flying around). Read the back of a ticket!Who do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)The park.Scenario 12:Janet, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving on a rain-slicked road at night, she skids into a bicyclist who is riding one foot away from the right curb.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?JanetWho would the plaintiff be in this scenario?Bike riderWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyMust be in control of the car at all times2.Breach of DutyKnew about the brakes, was driving in the rain, and was not in control of the car3.CausationHitting the bicyclist caused the injured4.DamagesInjuries from the accidentIf you were the defendant in this action, what would be the best defense to use?Comparative fault Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)While she should be in control of the car at all times, the bicyclist should have also been concerned about where they were riding their bike (especially while it is raining)Who do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Janet because she would not need to pay the full damages.Scenario 13:Caroline and her friends go to the local amusement park. She decides to ride the scariest roller coaster. After the riders are seated, the attendant secures each passenger with a roll bar. Caroline tells her friends that she does not need the roll bar and she pushes it up to create a large amount of space as the attendant checks hers. After the giant drop the roller coaster speeds into the first loop and up the next hill. Caroline starts to scream as she slides out of her seat. When the roller coaster zips through a sharp turn she is launched from the coaster and is badly hurt. Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?The ride attendantThe amusement parkWho would the plaintiff be in this scenario?CarolineWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyAll rides and riders need to be safe2.Breach of DutyDid not properly ensure that all riders were secured3.CausationBecause the rider was not secured injuries were caused4.DamagesCaroline flies outIf you were the defendant in this action, what would be the best defense to use?Comparative FaultWhy did you choose this defense?Caroline didn’t let the roll bar go all the way downWho do you think would win in this scenario? Why?If the park could prove that she purposely didn’t let the roll bar come down, they would most likely winScenario 14: (This scenario will be removed in the future because it is too difficult – you will not have one like this on the test or quiz)Hal arranges to have an oral surgeon remove a tooth that has been causing him great discomfort. While he is under anesthesia, the surgeon notices that two other teeth are emerging in a crooked position and are likely to cause Hal great pain in the near future, so she removes these teeth as well.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Oral surgeonWho would the plaintiff be in this scenario?HalWhat tort took place in this scenario?NegligenceWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyOral surgeon has a duty to only Breach of DutySurgeon had a duty to only pull the requested toothCausationPulling the extra teeth caused the tortDamagesTeeth were pulledIf you were the defendant in this action, what would be the best defense to use?Missing elements: Breach of DutyWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Was properly doing his job and ensuring that there wasn’t any future problemsWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Hal because the oral surgeon didn’t ask ahead of time and it wasn’t an emergencyScenario 15:After a late dinner in the city, Jamison walks out of a crowded restaurant and sees a man grabbing Ashley, his wife. Ashley tries to get away but the man keeps pulling her back towards him in a way that suggests that he is trying to kiss her. Ashley says, “Stop! You’re hurting my arm.” Jamison pushes his way through the crowd, hits the man, and the man is knocked out. Later, the man sues Jamison for hitting him.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?JamisonWho would the plaintiff be in this scenario?The man who was hitWhat tort took place in this scenario?Intentional tort (battery)What are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:Intentional tortBatteryCausationThe punch knocks the man outDamagesThe man is knocked outIf you were the defendant in this action, what would be the best defense to use?Defense of othersWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Jamison’s wife was being “battered” (he was grabbing her arm) and Jamison had the right to defend his wifeWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Jamison (Defendant) Jamison had the right to defend his wifeScenario 16:Izzy and Kerrick decide that it would be funny to create a webpage that pokes fun at some of the teachers at their school. On the site they post photos with the teacher’s heads on the bodies of different super-villains. The website then goes on to list the biographies of each teacher. The biographies are copied straight from the backgrounds of the super-villains. Students start to refer to one of the teachers as “The Joker” which upset the teacher. The teacher eventually finds out about the website and sues the two students.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Izzy and Kerrick’s parentsWho would the plaintiff be in this scenario?Teacher (“The Joker”)What tort took place in this scenario?Intentional tort: defamationWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:Intentional tortDefamationCausationWebsite led to the damage of the teacher’s reputationDamagesRuined teacher reputationIf you were the defendant in this action, what would be the best defense to use?ParodyWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because the average person would know that, while inappropriate, the students were just joking and it was not meant to be the truthWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Izzy and Kerrick’s parents because of the obvious joking mannerScenario 17:Several students are upset about a teacher that they have that is completely disorganized. The teacher never schedules anything. Tests are given on random days and students spend a large amount of time each day waiting for the teacher to figure out what they are going to do. Several upset parents go in to see the principal to get their children out of the class. The principal ends up firing the teacher. The teacher sues the school and the parents. Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?The student’s parents, the principal, the districtWho would the plaintiff be in this scenario?The teacherWhat tort took place in this scenario?Intentional tort: defamationWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:1.Intentional tortDefamation2.CausationWhat was said led to the firing of the teacher3.DamagesThe teacher was firedIf you were the defendant in this action, what would be the best defense to use?TruthWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)It is an absolute defenseWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)The student’s parents, the principal, the district (Defendants) because what they said was accurateScenario 18:A car full of high school students is heading down a highway when they see a car in a ditch at the side of the road. As they pass the car, they see that the frontend is smashed, there is a fire under the hood, and the driver is passed out in the front seat. Fernando, one of the high school students, tells the students to pullover. Fernando gets out of the car, runs over, and pulls the driver out through the window. Later, the family of the driver sues Fernando because, when he pulled the driver out, the driver’s spine pinched, and he is now paralyzed. Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Fernando’s parentsWho would the plaintiff be in this scenario?The paralyzed driver (or his family if he was mentally paralyzed)What tort took place in this scenario?Negligence(you could possibly argue battery but negligence is more appropriate for this kind of scenario)What are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:DutyFernando has a duty to not do further harm to the driverBreach of DutyHe breached the duty when he took him out of the carCausationBecause he took him out of the car, it caused paralysisDamagesThe driver is now paralyzedIf you were the defendant in this action, what would be the best defense to use?Good Samaritan (Note: this defense is a little complicated in Illinois so we wil only cover it in general terms on a quiz/test)Why did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because had Fernando left him, he could have burned to death and so the risk of injury did not outweigh the danger of the circumstancesWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Fernando’s parents (Defendant) He was trying to do the right thing in light of the circumstanceScenario 19:Tanner, Kyle, and Martin leave a high school party. All three of them told their parents that they were sleeping over at each other’s house, so they could stay out all night. The party that they were at was busted by the police and now they had nowhere to go. Tanner suggests that they should break into one of the vacant homes in the neighborhood but Kyle told him that he didn’t want to get in trouble. Tanner said that he wasn’t going to be sleeping in the cold and didn’t care what they thought. When Tanner picked up a rock to throw at the window of the home, Kyle tackled him. Tanner fell and hit his head on a rock causing severe bleeding. Tanner sued Kyle for the medical bills.Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?Kyle’s parentsWho would the plaintiff be in this scenario?Tanner’s parentsWhat tort took place in this scenario?Intentional tort: BatteryWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:1.Intentional tortBattery2.CausationBy tackling Tanner, Kyle caused the injury3.DamagesMedical bills and severe bleedingIf you were the defendant in this action, what would be the best defense to use?Defense of property/prevention of a crimeWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Citizens have the right to defend property as well as to prevent crimes. Both were occurring (going to occur) in this scenarioWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Kyle’s parents because he the force was appropriate for the circumstanceScenario 20:Michael is holding Jack down and slapping him in the face. Michael keeps laughing and saying, “Say Uncle!” Jack is crying and keeps saying, “Get off of me!” Michael slaps Jack again but this time Jack gets his hand free and punches Michael. Michael falls to the ground gripping his broken nose. Michael sues Jack. Scenario ChartQuestion:Answer:Who would the defendant be in this scenario?JackWho would the plaintiff be in this scenario?MichaelWhat tort took place in this scenario?Intentional tort: BatteryWhat are the elements for this tort and how were they demonstrated in this scenario?ElementsExample(s) from Scenario:1.Intentional tortBattery2.CausationBy hitting Michael, Jack broke his nose3.DamagesBroken noseIf you were the defendant in this action, what would be the best defense to use?Self-DefenseWhy did you choose this defense?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Because Jack was hitting Michael first and Jack asked him to stop. Jack has the right to make him stopWho do you think would win in this scenario? Why?(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would obviously not work)Jack because he has the right to defend himself ................
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