Class Participation Written Assignment 1 – Legal Issue Spotting and Factual Analysis Factual scenario: Adam and his son Bobby are enjoying the day as spectators at a football game when Carl, a fan sitting in the row above them, reacts unexpectedly jumping up in outrage yelling at a referee’s call, almost falling forward over the aisle and spilling beer all over Bobby, ruining his brand new $500 leather sports fan jacket he got for Christmas. In reaction, Adam pushes Carl away from them, injuring him when he falls against the stadium railing, which due to loose bolts, gives way causing Carl’s face to hit the steps in the aisle knocking out two teeth. Adam and Bobby leave the game. When leaving the game, Adam, stops to buy soft drinks and Gloria, a lady waiting, in line smells beer on Bobby and begins shouting at Adam, accusing him of giving beer to a minor. Adam’s boss overhears the accusations and immediately fires Adam. As Adam and Bobby reach their car, Carl appears from behind them accompanied by his wife Debra brandishing an unloaded handgun intending to frighten Adam. Adam feeling threatened fearing imminent harm to himself or Bobby, removes a baseball bat he keeps under the car seat “just in case”, then before Carl or Debra can say anything, strikes Debra knocking her unconscious to the ground. Adam and Bobby drive off through the parking lot emotionally distressed at the events of the day. Maneuvering through traffic, Adam accidently hits s a light pole it, dislodging electric lines, knocking out power to the stadium. The game still in the 4th quarter, Eric the quarterback is surprised by the power outage in the middle of a play and like the rest of the players on both teams pauses momentarily to look up at the lights which have gone out. Frank, a linebacker for the opposing team sees that Eric is not paying attention and intentionally runs full speed “spear tackling” Eric in the back of the head giving him a concussion. Eric recovers enough to finish the game and his team wins. Eric’s image is featured in the centerfold feature of the local newspaper called Global News, touting him as the quarterback of the future and sports hero. The newspaper sells more issues than ever before while promoting the team. Global then sells prints of Eric’s image raising over $100,000 all of which net proceeds are donated to local charities. Eric is upset that he was not asked permission or offered anything in exchange for the use of his image, thinks he should to be paid and wants to sue. Assignment: Analyze the fact scenario above, involving tort law (chapters 5 and 6 of course textbook) and write an answer by: (1) Identifying and listing what torts have, or may have, been committed (list each tort). This requires comparing and contrasting the differences between negligence, intentional, strict liability, and business torts (recall that a tort is a civil wrong for which relief can be granted); (2) Describing the prima-facie case for each tort by listing the essential elements of each tort identified; (3) Identifying the relevant facts for each tort; (4) Assessing the facts and the law and giving the rationale for determining whether or not a tort has been committed. This requires appraising the strengths and weaknesses of each tort and relevant defenses; (5) Discussing any defenses available as they apply to the facts stated (defenses); and (6) Assess the likelihood of recovery (damages)
Format: Your answers should be typewritten and printed on paper (stapled together if more than one page) to be turned in with your name and course section number printed at the top of the first page. Organize your responses so that it is suitably presentable for review and assessment.