Scenario Reviews 1 Scenario Reviews Scenario Reviews BUS 415 Business Law University of Phoenix Scenario Reviews 2 Scenario One Scenario Reviews One evening football game turned into a true mess with multiple issues occurring The first problem was when Daniel shoved Malik causing him to stumble and grab a railing in the stands which did not support his weight thus crashing and knocking out teeth Malik has assault and battery against Daniel for the threat of causing him harm and actually causing harm respectively Also there was intentional tort because Daniel actually planned to cause the harm and injuries to Malik Malik can sue the rail company and grandstands for the broken railing failing to hold him up The torts in this situation would be chain of distribution where all parties are responsible in the faulty railing the company which manufactures it and the grandstands which put it in place The suit directly to the railing company is defect of manufacture where their design and making of the product was defective The grandstands could have suit against them for negligence for how they put the railing in place During the commotion in the grandstands Daniels son Ruben had a beer spilled on him so after the shoving took place Daniel and his son went to the concessions to order a soda At the concession stands a woman began to draw attention to the family for the kid smelling like beer and how Daniel was a poor father This yelling distracted the concession worker who gave Daniel a regular soda instead of diet later causing a diabetic coma This injury was caused from the workers negligence and would allow Daniel to sue the grandstands Also as a result of the yelling Daniel s boss heard about the situation and fired Daniel because he thought Daniel let his son have beer This wrongful termination and words used by the boss in public makes for a case against the boss for defamation of character because he said false public statements and intentionally said them Daniel will experience intentional infliction of emotional Scenario Reviews 3 distress because the boss went beyond the norm of what is allowed and caused Daniel injuries such as sadness being falsely accused embarrassed and stressed due to job loss Res Ipsa Loquitur will also come into play for the boss had complete control over his actions and Daniel was only injured due to his actions As the game ends and everyone walks out to the parking lot Malik is upset from the shove so he proceeds to follow Daniel and his son and threaten them with a gun which they are not aware is unloaded Worried for his son s safety and his Daniel takes out a concealed gun and shots Malik In this situation both men have torts against them Malik has assumption of risk because he is aware that his actions could lead to a return action from Daniel possibly causing him harm Daniel may be held for assault and battery because he shot Malik A big issue within this situation was if a concealed weapon is legal or not If having a concealed weapon is not legal Daniel will have a suit against him but if it is legal then he has the right to protect himself and family when they are in a threatening situation Punitive damages would be awarded in this case based on the percentage of which each party was at fault for the incident Scenario Two A nice evening out turned very quickly into a horrifying event resulting in several torts The series of torts that occurred this evening began with Anna Anna goes to an Italian restaurant to enjoy an evening out She orders a meal and when the meal is served she takes a bite and cries out in pain There was a piece of glass in her food that cut her mouth and caused damage to her tooth Phoenix 2010 Anna now has a lawsuit against the restaurant for negligence as the piece of glass should not have been in her food She might also have a proximate cause against the supplier of the restaurant and the supply chain Cheeseman 2010 The cook in the restaurant would have actual cause Scenario Reviews 4 When Anna yelled out in pain a waiter spun around and knocked another waiter s tray carrying a flaming dish on to him catching his apron on fire The waiter then took the apron and flung it to the floor This resulted in a tablecloth catching on fire The resulting fire caused several torts to occur in quick succession The fire caused the customers to panic and all tried to exit the restaurant The restaurant only equipped with a revolving door slowed the exit of the customers causing several to be burned and suffer smoke inhalation In the chaos an elderly lady was trampled and suffered injuries Phoenix 2010 The waiter and the restaurant could be liable for resulting damages based on the fact that the restaurant and the waiter owed the customer s a sense of duty to ensure their safety The waiter failed to exercise care or to act in a reasonable manner when his apron caught fire Cheeseman 2010 The restaurant failed to provide safe exits for a large number of people to leave A lawsuit could also be brought to the city since the city did not regulate that he restaurant need safer exit points The lawsuits began with Anna and also end with Anna Anna made it to the hospital and was told she needed surgery to repair her tooth After being sedated for surgery she was mistaken for another patient The mistake resulted in her left leg being amputated Phoenix 2010 Anna has a lawsuit against the hospital and the surgeon Based on proximate cause and because the surgeon was acting as an agent for the hospital the hospital can be sued The surgeon would be the actual cause and a case of professional malpractice could be brought up Cheeseman 2010 Also based on the events that lead up to the amputation the nurse could also be charged and brought up in the lawsuit This is all based on if proximate cause can be found but from the details of the scenario it would have to be explored further Cheeseman 2010 All of these cases show signs of negligence since the waiters restaurant surgeon and hospital all owe a duty of care to its customers Their actions all breached the duty of care for Scenario Reviews 5 their customers by there being glass in the food the restaurant catching fire and not providing proper exits for the customers In the case of the hospital and surgeon Anna s medical care was not cared out in a very unprofessional manner All of the plaintiffs suffered injuries from Anna damaging her tooth to the elderly lady being trampled and several customers suffering