Summary Torts - 1599 Words

Torts I Fall 2015 Midterm This set of questions and answers was created by [6046]. 1.) Kaycee is the starting quarterback for the University of Montana Law Schools’ Blewits. He’s had a tremendous senior season and is the front runner for the most prestigious reward in college football, the Heisman. During a game against Oregon, the following set of facts occurred. It was in the midst of the fourth quarter and Kaycee had just thrown an 81-yard touchdown pass to Dillon, giving the Blewits a three-point lead. As Kaycee was doing his famous touchdown dance, an extremely upset John ran onto the field from the stands and blindside tackled Kaycee directly in the knees. Kaycee never saw John coming, and as a result of John’s vicious hit, Kaycee suffered torn ACLs in both knees. After visiting the doctor, Kaycee has learned that he will never be able to play football again. Kaycee is extremely upset about the incident, and more specifically the millions of dollars he will not make through being an NFL player. In seek of retribution Kaycee has sued John for the intentional tort of battery. What will be the result of Kaycee’s lawsuit against John? (A) Kaycee will be awarded appropriate damages on the behalf that John had a duty to abide by the rules of the game and he breached this duty through viciously tackling Kaycee in a time in which the rules clearly prohibit. (B) Kaycee will not be able to recover damages because football is a very physical sport and KayceeShow MoreRelatedThe Case Lawsuit Filed Suit1014 Words   |  5 PagesNow through undersigned counsel, come Defendant, Lauris Hollis (Defendant), who respectfully request that this Court grant their Motion for Summary Judgment dismissing the Plaintiff s claims against him. Defendant move this Court for a Summary Judgment on the grounds that the Plaintiff has no cause of action, no right of action or no interest in the plaintiff to institute the suit and it should be dismissed. UNDISPUTED MATERIAL FACTS 1. The Plaintiff filed suit on April 7, 2015, in LivingstonRead MoreMichael Schultz Committed The Tort Of Appropriation And An Intrusion Upon Seclusion3004 Words   |  13 PagesSUMMARY Stealing someone else’s name to impersonate them on a fake internet profile, such as a social media website, misrepresents a person’s identity and can damage their reputation. Tamsen Drake values her identity when it comes to her work as an artist. As an artist, Drake creates short animated films for her viewers. Drake has not created a social media profile to interact with other artists. Instead, she has a website, which only allows for the downloading of her artistic work. While DrakeRead MoreMemo for Motion Against Summary Judgment Essay2002 Words   |  9 PagesI. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively Crowell) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowells negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. ConsequentlyRead MoreAlumina Inc: Minimizing Tort Liability Arising Out of Regulatory Risks1338 Words   |  6 Pages Regulatory risks are risks associated with the failure to comply with a whole host of governmental regulations. Such risks impact a company’s existing assets, earnings, and often, reputation. In the context of tort liability arising out of non-compliance of government regulations, it is in every company’s business interest to allocate resources to identify those risks, and to implement action plans to avoid such risks. In the event th ose risks do materialize, the company needs to have systemRead MoreAssignment 2 Essay840 Words   |  4 Pagesï » ¿Christina Freeman 1. What court decided the case in the assignment? (2 points) Court of Appeals of Ohio, First District, Hamilton County. 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated; that it is entitled to judgment as a matter of law, and that it appears from the evidence, when viewedRead MoreIRAC Brief1018 Words   |  5 Pagesthe plaintiffs Motion for Partial Summary Judgment as to liability against HDA (dkt. no. 65) is GRANTED. It is SO ORDERED. Business Managerial Setting Application There are numerous torts to consider when reviewing Anderson v HDA: (1) Intentional Tort a civil matter resulting in an intentional act of damages. (2) Unintentional Tort civil matter unintentional acts that results in economic loss, property damage, or physical injuries. (3) Property Torts occur when one s enjoyment of theirRead MoreThe Liability Of A Negligence Tort Suit For School Districts1111 Words   |  5 Pages Tort can be defined as, â€Å"an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person (AA pg632). There are four main types of tort, these are: a) intentionally interferences, b) strict liability, c) negligence, and d) defamation (AA). Tort cases involving schools predominantly involve parents as plaintiffs and the school personnel as defendants. Although tort cases are relativelyRead MoreTort Law for Damages Practiced in Civil Law1210 Words   |  5 Pages Tort Law Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earningsRead MoreTort And Employment Of Inept Teachers1296 Words   |  6 Pages Tort and Employment of Inept Teachers Tort can be defined as, â€Å"an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person (Alexander Alexander, 2012 p. 632). There are four main types of tort, these are: a) intentionally interferences, b) strict liability, c) negligence, and d) defamation (Alexander Alexander, 2012 p. 633). Tort cases involving schools predominantly involve parentsRead MoreWidget Corporation Case Study1127 Words   |  5 PagesSummary Widget Corp., a Delaware-organized, California-based, company has been sued in Texas by a customer that experienced a defective installation of Widget’s products. Widget, through a written and signed contract for services, hired Lyle, a local handyman, to perform the delivery and installation of said products. As part of the contracting process, Widget Corp. provided specific instructions regarding the installation of these widgets. Lyle, in haste due to an impending child’s soccer match