Your Assignment, Part III
As the final part of this assignment, you will apply your understanding of tort law to scenarios in which a business is the defendant (or defendant tort-feasor). For each scenario, describe the specific type of tort case being brought against the defendant. Then, explain what the defendant will need to prove in order to get a ruling in their favor. Finally, describe the penalty that may be assigned to the defendant if the court rules against them.
1. Mr. Shanks goes to Hyperion Hospital to have a diseased kidney removed. After the surgery, he finds that his symptoms come back and grow even worse. When he returns to the hospital to find out what is happening, the hospital staff discovers that the surgeon removed Mr. Shanks’ healthy kidney instead of the diseased one.
a. What specific type of tort case against the business would this be? Explain.
b. What conditions does the plaintiff need to prove? What specific proof (if any) does the plaintiff have in this scenario? Organize this information into a table.
c. What penalty may the defendant expect (if any) as the outcome of this tort case, and why?
2. Two energy drink companies, Red Hornet and Blackout, have been competing with each other for years. In Blackout’s latest ad campaign, they have Red Hornet’s cartoon mascot making disparaging comments about its own product. Blackout’s ad also includes false claims that Red Hornet uses ingredients grown using slave labor. After the ad campaign runs, Red Hornet notices a drop in its energy drink sales.
a. What specific type of tort case against the business would this be? Explain.
b. What conditions does the plaintiff need to prove? What specific proof (if any) does the plaintiff have in this scenario? Organize this information into a table.
c. What penalty may the defendant expect (if any) as the outcome of this tort case, and why?
3. Larissa works at Opalescent, a high-end jewelry store. A customer comes in on a very busy day and complains about how long it takes for anyone to assist him. Larissa apologies, but the customer continues to complain. The customer, a very large man, soon begins insulting her personally and threatening her with violence. Larissa hits him with pepper spray, incapacitating him.
a. What specific type of tort case against the business would this be? Explain.
b. What conditions does the plaintiff need to prove? What specific proof (if any) does the plaintiff have in this scenario? Organize this information into a table.
c. What penalty may the defendant expect (if any) as the outcome of this tort case, and why?
Please Help:)