In answering this question, identify each potential tort committed and by who. Explain the elements of the tort and what facts lead you to believe the particular tort was committed. Next, state what defenses, if any, are available to the defendant who allegedly committed the tort. Explain the elements of the defense, what is required to prove the defense is available and facts support your position.
Example: Brian walked up to Danny and punched him in the nose. Danny tried to duck but was hit anyway.
Example Answer: Brian committed two potential torts. First, Brian committed Battery. Battery is the unprivileged intentional touching of another. Brian committed this tort when he punched Danny in the nose. The second tort Brian committed was Assault. Assault is creating a reasonable apprehension or fear in another of an immediate battery. Since Danny tried to duck, it shows he was apprehensive of the punch (the battery). There are no defenses for Brian’s actions.
Assignment Number 2 Fact Pattern:
Kristi was late for work on her first day. Wanting to set a good impression, she felt she had to find a way to make it to the office on time. As she is walking down the street, she saw a bicycle on Mariah’s lawn. Mariah owed Kristi $80 but had never paid her. Kristi decided if she were to ride the bike to work, she may not be that late. Plus, Kristi figured the bike was worth about what Mariah owed her and it would only be fair for her to borrow the bike. Kristi walked onto Mariah’s lawn, picked up the bike, and rode it to work.
Kristi made it to work with just a minute to spare. She jumped off the bike and ran into the office building. However, in jumping off the bike, she also flung it down the sidewalk. Jolie, who was not late to work but was outside enjoying a cigarette, saw the bike come flying at her. Jolie tried to move out of the way but was hit in the leg by the bicycle. The result of the incident was a broken leg for Jolie.
As Kristi ran into work, she slipped and fell on a puddle of water. Brittany, the office janitor had just mopped the floor. However, she failed to put down a wet floor sign to warn those entering the building. As a result of the fall, Kristi suffered a sprained ankle.