HW: Tort Scenario Sheet
Instructions: 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Answer:
Carrie’s parents
Jill’s parents
Negligence
Elements
Example(s) from Scenario:
1. Duty
Baby sitter should ensure the safety of the child
similar to the child’s parents
Going into the kitchen and leaving the child
By leaving Jill, she was able to fall off her chair
Jill is injured form the fall
2.Breach of Duty
3.Causation
4.Damages
Missing elements: Breach of Duty.
(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 duty
(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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
Tom
Young girl’s parents
Negligence
Elements
Example(s) from Scenario:
1. Duty
Tom has a duty to ensure the safety of people at the
pool
By talking to the girls he was not performing his duty
By not paying attention to the girl who was
swimming, the girl started to drown
The trauma of almost drowning?
2.Breach of Duty
3.Causation
4.Damages
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Missing elements: Damages
(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 injured
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)
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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
Consuela
Neighbor boy’s parents
Negligence
Elements
Example(s) from Scenario:
1. Duty
Consuela should ensure the safety of the child
similar to the child’s parents
Leaving a sharp knife out
By leaving the knife out, the children were able to
play with it and injury one another
Cut the neighbor boy’s finger
2.Breach of Duty
3.Causation
4.Damages
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Missing elements: Breach of Duty
(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 occurrence
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)
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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Answer:
Maggie and Daniel’s parents
Patrick’s parents
Negligence
Elements
Example(s) from Scenario:
2. Duty
2.Breach of Duty
3.Causation
4.Damages
To ensure the safety of their friend
Did not do anything to help Patrick
Because they didn’t do anything, Patrick drowned
The death of Patrick
Missing elements: Duty
(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 other
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)
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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
Mrs. Crabapple
The parent of the student
Negligence
Elements
Example(s) from Scenario:
3. Duty
Mrs. Crabapple needs to arrive to class on time and
to maintain a clean/safe environment/near in her
classroom
Mrs. Crabapple was late to class
If Mrs. Crabapple was there, the student would not
have been in such a rush may not have slipped
Student’s fractured elbow
2.Breach of Duty
3.Causation
4.Damages
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Missing element: Causation
(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 fall
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. Crabapple because, while there was a breach of duty, the breach did not
directly cause the injury (damages) that were sustained
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Answer:
Mr. Gundy
The janitors (possibly)
Mrs. Gonzalez
Negligence
Elements
Example(s) from Scenario:
2. Duty
Mr. Gundy has a duty to ensure the safety of the
premises (the building and surrounding area)
By leaving the floors wet, it was not safe
The floors being wet caused Mrs. Gonzalez to fall
Mrs. Gonzalez injured her knee and arm
2.Breach of Duty
3.Causation
4.Damages
Comparative Fault
(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would
obviously not work)
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
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)
(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would
obviously not work)
Mrs. Gonzalez
Scenario 7:
Ben, a high school football player, tackles a teammate in practice. When the teammate hits the ground,
his shoulder is separated.
Scenario Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
Answer:
Ben’s parents
Coach
School District
Teammate’s parents
For this scenario a student could have either:
Negligence OR Intentional Tort: Battery
If they have Negligence, they should have:
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Elements for Negligence
Example(s) from Scenario:
4. Duty
2.Breach of Duty
3.Causation
Ben had a duty to tackle the teammate properly
By tackling him improperly
By tackling him and hitting the ground an injury was
caused
Separated shoulder
4.Damages
If they have intentional tort, they should have:
Elements for Intentional Tort
Example(s)
from Scenario:
1. Intentional Tort
2. Causation
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Battery
By tackling him and hitting the ground an injury was
caused
3. Damages
Separated shoulder
For Negligence the defense would be:
Missing elements: Argue that there was no breach of duty because tackling is a
normal part of the game
For Intentional Tort: Battery the defense would be:
Assumption of Risk (Consent): By signing the waiver, the teammate was accepting
certain, reasonable, risks.
(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would
obviously not work)
See above
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)
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 injury
Scenario Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Answer:
Steve
Tom
Intentional Tort: Battery
Elements
Example(s) from Scenario:
1. Intention
2.Causation
3.Damages
Steve committed battery when he struck Tom
By hitting Tom, Steve caused the damages
Steve’s spleen was ruptured
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…)
Both agreed to the fight
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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Answer:
Susie
Ellen
Intentional Tort: Destruction of Personal Property
Elements
Example(s) from Scenario:
1. Intention
2.Causation
3.Damages
Susie wanted to cause damage to the convertible
By spray painting it the car was damaged
The car will probably need to be repainted
Statute of Limitations (Lapse of Time)
(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would
obviously not work)
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
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.
(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 defense
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
Harry (bus driver)
Bus company
Note: 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)
Several student’s parents
Negligence
Elements
Example(s) from Scenario:
1. Duty
Harry has an obligation to ensure the safety of the
riders
He knew he had a heart condition and needless put
the riders in jeopardy
His heart attack directly caused the accident
Several riders were injured
2.Breach of Duty
3.Causation
4.Damages
A Student can have either one of the following:
If you were the
defendant in this action,
what would be the best
defense to use?
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 later
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 above
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 bus driver because of the seven years it took for them to sue
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Answer:
The player
The baseball team owner
The park owner (if not the same person)
Possibly MLB (Major League Baseball)
Matt
Negligence
Elements
Example(s) from Scenario:
1. Duty
The park has a duty to ensure the safety of all
people there
Fans being hit in the head with baseballs does not
ensure their safety
The ball hitting him caused the concussion
Matt received a concussion
2.Breach of Duty
3.Causation
4.Damages
Assumption of Risk (consent)
(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!
(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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
Answer:
Janet
Bike rider
Negligence
Elements
Example(s) from Scenario:
What are the elements
for this tort and how
were they demonstrated
in this scenario?
1. Duty
2.Breach of Duty
Must be in control of the car at all times
Knew about the brakes, was driving in the rain, and
was not in control of the car
Hitting the bicyclist caused the injured
Injuries from the accident
If you were the
defendant in this action,
what would be the best
defense to use?
Comparative fault
3.Causation
4.Damages
(Give them a point if they have something reasonable here. “I don’t know” or “just ‘cause” would
obviously not work)
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
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)
(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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
The ride attendant
The amusement park
Caroline
Negligence
Elements
Example(s) from Scenario:
1. Duty
2.Breach of Duty
3.Causation
All rides and riders need to be safe
Did not properly ensure that all riders were secured
Because the rider was not secured injuries were
caused
Caroline flies out
4.Damages
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Comparative Fault
Who 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 win
Caroline didn’t let the roll bar go all the way down
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Answer:
Oral surgeon
Hal
Negligence
Elements
Example(s) from Scenario:
1.
2.
3.
4.
Oral surgeon has a duty to only
Surgeon had a duty to only pull the requested tooth
Pulling the extra teeth caused the tort
Teeth were pulled
Duty
Breach of Duty
Causation
Damages
Missing elements: Breach of Duty
(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 problems
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)
Hal because the oral surgeon didn’t ask ahead of time and it wasn’t an emergency
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
Answer:
Jamison
The man who was hit
Intentional tort (battery)
Elements
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
1. Intentional tort
2. Causation
3. Damages
Example(s) from Scenario:
Battery
The punch knocks the man out
The man is knocked out
Defense of others
(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 wife
(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 wife
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
Answer:
Izzy and Kerrick’s parents
Teacher (“The Joker”)
Intentional tort: defamation
Elements
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
1. Intentional tort
2. Causation
3. Damages
Example(s) from Scenario:
Defamation
Website led to the damage of the teacher’s
reputation
Ruined teacher reputation
Parody
(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 truth
(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 manner
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Answer:
The student’s parents, the principal, the district
The teacher
Intentional tort: defamation
Elements
Example(s) from Scenario:
1.Intentional tort
2.Causation
3.Damages
Defamation
What was said led to the firing of the teacher
The teacher was fired
Truth
(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 defense
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 student’s parents, the principal, the district (Defendants) because what they
said was accurate
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
Answer:
Fernando’s parents
The paralyzed driver (or his family if he was mentally paralyzed)
Negligence
(you could possibly argue battery but negligence is more appropriate for this kind
of scenario)
Elements
Example(s) from Scenario:
1. Duty
Fernando has a duty to not do further harm to the
driver
He breached the duty when he took him out of the
car
Because he took him out of the car, it caused
paralysis
The driver is now paralyzed
2. Breach of Duty
3. Causation
4. Damages
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Good Samaritan
(Note: this defense is a little complicated in Illinois so we wil only cover it in
general terms on a quiz/test)
(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 circumstances
(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
circumstance
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Answer:
Kyle’s parents
Tanner’s parents
Intentional tort: Battery
Elements
Example(s) from Scenario:
1.Intentional tort
2.Causation
3.Damages
Battery
By tackling Tanner, Kyle caused the injury
Medical bills and severe bleeding
Defense of property/prevention of a crime
(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 scenario
(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 circumstance
Scenario 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 Chart
Question:
Who would the
defendant be in this
scenario?
Who would the plaintiff
be in this scenario?
What tort took place in
this scenario?
What are the elements
for this tort and how
were they demonstrated
in this scenario?
If you were the
defendant in this action,
what would be the best
defense to use?
Why did you choose this
defense?
Who do you think would
win in this scenario?
Why?
Answer:
Jack
Michael
Intentional tort: Battery
Elements
Example(s) from Scenario:
1.Intentional tort
2.Causation
3.Damages
Battery
By hitting Michael, Jack broke his nose
Broken nose
Self-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 stop
(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