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. (citation). 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. (citation). Since Danny tried to duck, it shows he was apprehensive of the punch (the battery). There are no defenses for Brians actions.
Assignment Number 2 Fact Pattern:
Joan 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 her friend Stephanies lawn. Stephanie owed Joan $80 but had never paid her. So, Joan decided if she were to ride the bike to work, she may not be that late. Plus, Joan figured the bike was worth about what Stephanie owed her and it would only be fair for her to borrow the bike. Joan entered Stephanies property, picked up the bike, and rode it to work.
Joan 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. A bystander, Jonathan, was standing outside Joans office building talking on the phone and saw the bike come flying at him. Jonathan tried to move out of the way but was hit by the bicycle and suffered a broken leg as a result.
As Joan ran in to her office building, she slipped and fell on a puddle of water. Jeb, the office custodian, had just mopped the floor. However, he failed to put down a wet floor sign. As a result of the fall, Joan sprained her ankle.