17 Jun WHO WILL BE THE PLAINTIFF AND DEFENDANT FOR EACH LAWSUIT?
You must write a two page typewritten answer to your assigned essay question. Make sure to discuss any relevant theories of law and how they apply to your fact pattern.
Number One:
For your written assignment you should state which of the torts concepts apply. Is the answer based upon Negligence, Intentional Torts or Strict Liability. Explain each theory of tort law in great detail. In a law class you have to provide a 3 part analysis:
1) State the law i.e. theory of law negligence etc. 2) Apply the facts of the case to the law. 3) Give a conclusion based upon the facts and the law.
For negligence you must discuss duty, breach, causation and damages. Additionally, you must discuss if there are any affirmative defenses to negligence which may apply: Contributory, comparative negligence, assumption of risk, last clear chance doctrine.
For intentional torts, which intentional tort is it? For example, libel, slander, assault, battery etc.
For strict liablity, which type of strict liability is it? Discuss whether or not the law allows any affirmative defense in strict liability cases.
Laura Beguiled and Spencer Lacey are famous movie stars, and they are planning to be married. One day, while standing in line at their local supermarket, they noticed Spenser’s picture on the cover of several magazines. One magazine showed a picture of Spenser with his arm around his brother, Casey, and the headline read: “Spenser Lacey and his gay lover”! Another magazine showed Laura holding a bottle of vodka. Beneath the photograph a caption read: “Absolutely Beguiled”. The third magazine showed a picture of both Laura and Spenser in the hospital, at time when Laura had plastic surgery. The pictures inside the magazine depicted her surgery, complete with nude photos on the operating table. Neither Laura nor Spenser had any idea that the surgery was taped.
Spenser became so angry that he ran up to the cashier, waved his finger in her face, and shouted, “I should kill you for selling this trash!” As he stormed away, the cashier called security. Security came right away, but not before Spenser sped away in the couple’s car, leaving Laura behind. In the confusion, security threw Laura onto the floor and held her there until the police came. When the police came and ascertained that Laura had not committed any crimes, they released her. Identify all potential lawsuits. Who will be the plaintiff and defendant for each lawsuit? You should discuss the relevant tort theory of law that applies and explain why it is relevant to the lawsuit. What is the burden of proof for the plaintiff and the defendant? Are there any relevant defenses to negligence that would apply here, if so, how?
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