Adam and his 8 year old son Bobby are sports fans enjoying the day as spectators at a football game when Carl, a fan, reacts unexpectedly jumping up in outrage when the referee calls a penalty against his favorite player, stumbling forward bumping and spilling beer on Bobby, ruining his brand new $200 leather sports fan jacket his dad just bought him.
In reaction to the bump and beer spill, Adam pushes Carl away from Bobby, injuring Carl when Carl stumbles and 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.
A lady working for the stadium concession stand named Diane smells beer on Bobby and begins shouting at Adam, proclaiming publicly to everyone accusing Adam of giving beer to a child. Adam’s boss happens to be walking by and overhears the accusations and immediately fires Adam from his $100,000/year job.
The game still in the 4th quarter, some drunken fans in the parking lot pull down a light pole, knocking out power to the stadium. Jerrod Goth the star quarterback is surprised by the power outage in the middle of a play and, like the rest of the players on both teams, stops playing to look up at the lights which have gone out. Terry Suggs, a linebacker for the opposing team sees that Jerrod is not paying attention and intentionally starts running full speed at him “spear tackling” Eric in the back of the head giving knocking him out and giving him a concussion. He then yells in his face “THAT’S PART OF THE GAME FOOL! YOU PLAY, YOU PAY!”
Jerrod recovers enough to finish the game and his team wins. Jerrod’s image is featured in the centerfold feature of the local newspaper called Global News, touting him as the quarterback of the future and great sports hero. The newspaper sells more issues than ever before while promoting the team. Global then sells prints of Jerrod’s image raising over $100,000 all of which net proceeds are donated to local charities. Jerrod is upset that he was not asked permission or offered anything in exchange for the use of his image, and wants to sue the newspaper for using his image.
Analyze the fact scenarios above, involving tort law and write an answer by:
(1) Issue: Identifying and listing what torts have, or may have, been committed. This requires comparing and contrasting the differences between negligence, intentional, and strict liability, also consideration of business torts (recall that a tort is a civil wrong for which relief can be granted);
(2) Rule: List the (essential) elements of each tort identified;
(3) Facts: Discuss the relevant, facts for each tort;
(4) Analysis: Assessing the facts and the law discuss whether or not a tort has been committed. This requires appraising the strengths and weaknesses of each tort;
(5) Defenses: Identify and discuss the validity available of any defenses; and
(6) Damages: Assess the likelihood and give a calculation of recovery (damages)
Format: Organize your responses so that your answers are suitably presentable for review and assessment.
Due date: This assignment is due by Thursday, April 25, 2019 at 10:00pm.
Bonus: Jerrod Goth’s contract is up for a 5-year renewal negotiation. State the 5 essential elements of a valid enforceable contract Jerrod’s agent should be sure are present in the 5-year contract.