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Case Study
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English (U.S.)
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Torts. Tort - violation of the duty. Law Case Study

Case Study Instructions:

Read Chapter 6 of the book I upload (Betty, Samuelson, & Abril, Legal Environment, 7th Edition, Cengage (2019), ISBN: 9781337671408) and then doing the assignment.
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 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.
Please follow the assignment rubric.
Answer
• Did the student address all the points of the assignment?
• Was the student’s position correct?
• Did the student fully explain the position taken?
• Was the student clear on their position.
• Did the student express themselves professionally, using appropriate word choice and formality as expected in academic writing?
Legal Support
• Did the student support the position with references and citations to the applicable law?
• Did the student use the correct law to support his/her position?
• Did the student fully explain the position taken?

Case Study Sample Content Preview:
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Tort infers to the violation of the duty imposed by civil law. Intentional torts are classified into three battery, assault, and fraud (Winfield 41). Battery is the act of intentionally touching another person in a manner they would perceive offensive. In this act, there is need not to intend to hurt the plaintiff. For one to win on a case based on negligence there is need to provide the five elements that include the duty of care, breach of this owed duty of care, factual cause, proximate cause and damages (Beatty, Jeffrey F., et al. 155) . When one of the elements is eliminated then there exists no liability.
Events of the case given Kristi first offence is when she decide to take Mariah bikes from her lawn without asking for permission, this is trespassing as she goes to the lawn with anyone permission on assumption that Mariah owes her $80. When she starts riding the bike, she assumes the role of a cyclist who owes duty of care to people on her way. Thus, when she flung the bike and ran off leaving it to cause injury to Joilie she becomes liable f...
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