Please help me identify the TORTS in this story. [TORTexample: assault, battery...etc.]
What torts are caused by: Carol, Art, Barb and Dave.
During Barb's Backyard BBQ, she grills steaks for her friends in her backyard. The grill SMOKE DRIFTS INTO her neighbor's(Carol) backyard and IRRITATES her eyes and CAUSES her to COUGH. Carol asks Barb to turn off the grill but Barb ignores her and tells her friends CAROL IS A PROSTITUTE.
Art decides to leave around 10pm because DAVE has been drinking too much and seems hostile. Dave lifts a glass and tries to throw it at Art. Ed witnesses this and tackles Dave right after he THROWS the bottle. Art ducked the bottle and the bottle hits BARB in the head.
Dave chases Art into the bathroom(with no windows to escape) and pushes him into the bathroom. Dave wedges a chair under the doorknob to trap him in then leaves the party. Art doesn't exit the bathroom until another person later removes the chair and releases him several minutes later.
2007-02-24 06:37:04 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
-Nuisance (smoke drifting over), you could possibly make an argument for battery here too as the smoke "touches" her eyes
-Slander (calling a prostitute)
-Assault (throwing the glass) assuming this throw was at all in his direction so as to place him in fear of being touched by the glass
-Battery (tackle)
-Assault (chase)
-Battery (push into bathroom)
-False imprisonment (close in bathroom), you could maybe say infliction of emotional distress on this one as well
2007-02-24 11:19:25 · answer #1 · answered by Allison S 5 · 0⤊ 0⤋
Almost sounds like a law school exam question. Try slander (since it is verbal); trespass (a stretch on this one but it may be argued), assault (as to Dave throwing the bottle at Art), battery (as to the bottle hitting Barb), another assault/battery (when Dave pushes Art into the bathroom and false imprisonment (Dave locking Art in the bathroom).
2007-02-24 06:48:53 · answer #2 · answered by docholiday 2 · 0⤊ 0⤋
Sounds like some people who need to grow up, learn to live together and stop whining and suing each other over petty arguments. No wonder this country is doomed - we have people *trained* to look for reasons to sue, instead of looking at a larger enemy who wants to *KILL* all of us - who you gonna sue then?
Back in college we would have called this a 'party' and had a good laugh about it the next day.
2007-02-24 07:27:30 · answer #3 · answered by dukefenton 7 · 0⤊ 0⤋
1. defamation of character
2. assult/battery (can be either one)
3. i'm thinking more of negligence....not too sure though
2007-02-24 06:42:07 · answer #4 · answered by Jay Dee 2 · 0⤊ 0⤋