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
Answer:

Question:
Who would the
defendant be in this
scenario?
Who would the
plaintiff be in this
scenario?
What tort took
place in this
scenario?

Carries parents
Jills parents
Negligence

Elements
What are the
elements for this
tort and how were
they demonstrated
in this scenario?

1. Duty
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?

Example(s) from Scenario:

Baby sitter should ensure the safety of the
child similar to the childs 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

Missing elements: Breach of Duty.

Because being in the kitchen would be similar to the way a parent

would behave and is not a breach of duty
Defendant (Carries 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
Answer:

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?

Elements

Example(s) from Scenario:

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 Consuelas
daughter, climbs up on a chair, grabs the knife, and seriously cuts his finger.
Scenario Chart
Answer:

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?

Elements

Example(s) from Scenario:

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 dont want to jump in and drown. The last thing
Patrick sees is Maggie standing on the end of the pier confused as Patrick drowns.
Patricks family sues Maggie and Daniel.
Scenario Chart
Answer:

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?

Elements

Example(s) from Scenario:

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 its 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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

Question:
Who would the
defendant be in this
scenario?
Who would the
plaintiff be in this
scenario?
What tort took
place in this
scenario?

If they have Negligence, they should have:

Elements for
Negligence
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?

Example(s) from Scenario:

If they have intentional tort, they should have:

Elements for Intentional
Example(s) from
Tort

Scenario:

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 couldnt 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
Answer:

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?

Elements

Example(s) from Scenario:

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 Ellens 1965 Mustang convertible. Susie admits to
vandalizing Ellens 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
Answer:

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?

Elements

Example(s) from Scenario:

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 Harrys doctor had warned
him of his heart condition. One of the students start having headaches seven years
later and the parents sue.
Scenario Chart
Answer:

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?

Elements

Example(s) from Scenario:

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 teams star player bounces off the railing,
smacking Matt in the head and giving him a concussion.
Scenario Chart
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements
1.
2.
3.
4.

Example(s) from Scenario:

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! Youre 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
Answer:

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?

Elements
1.
2.
3.

Example(s) from Scenario:

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
teachers 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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements

Example(s) from Scenario:

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 drivers spine pinched, and he is now paralyzed.
Scenario Chart
Answer:

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?

Elements
1.
2.
3.
4.

Example(s) from Scenario:

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 others 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 didnt want to get in trouble.
Tanner said that he wasnt going to be sleeping in the cold and didnt 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
Answer:

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?

Elements

Example(s) from Scenario:

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
Answer:

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?

Elements

Example(s) from Scenario: