BUS 415 Week 3

Learning Team

Synopsis of Tort Cases Paper

Write a 500750 word synopsis for one of the two scenarios below.

You must address the following in your paper:

Name all the tort actions that you see in the scenario.

For each tort that you identify, identify the the plaintiff and the defendant, define the tort, and apply the tort to the facts in each scenario to explain whether the plaintiff will prevail in each tort cause of action.

Identify and define any defenses you think the defendants might assert.

Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterbacks arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Rubens enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Maliks face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station.

On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniels boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium.

Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Maliks wife starts screaming and phones for an ambulance and the police. Before the police and ambulance arrive, Daniel slips into a diabetic coma.

Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Annas cry, another waiter who is pouring wine at a nearby table spins around and bumps into Annas waiter, who is carrying a flaming dish. The flaming dish tilts onto Annas waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.

When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.

Week 3 DQ 1

Hazel is 84, and suffers from debilitating arthritis. Sometimes, she can barely walk. Every time Hazel has been unable to get around, her neighbor Ruth cooks and cleans for her until she feels better. Hazel has offered to pay Ruth, but Ruth always declines. One day when Hazel is feeling well, she and Ruth eat out in a restaurant, and Hazel tells Ruth she is going to leave her $50,000 in her will. Six months later, Hazel dies without leaving a will. Can Ruth successfully sue Hazels estate for $50,000? State the legal reasons for your answer.

Week 3 DQ 2

What is the purpose of the Uniform Commercial Code (UCC)? What types of transactions are covered by the UCC? What problems was the UCC designed to address? HoWeekwould interstate transactions be different without the UCC? Provide an example.