Search Our Essay Database

Essay Instructions: Tort Law : Essay in a Word document.

Case Facts:

Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last possible moment, barely escaped injury when he finally jumped aside. Unbeknownst to either your son or his girlfriend, her younger brother had crawled into the back of the car during the fracas with the father. Once your son pulled out of the driveway, the little boy screamed to be released from the car. Your son, who harbored some latent hostility toward the little brother, took great delight in holding him captive for several miles before letting him out of the car to walk home.

Next the twosome headed to a remote place in the country to enjoy a little privacy. Deeply involved in professing their love for each other, neither noticed the approach of a man brandishing a gun. The man punctuated each demand to get off his land by firing a shot in the air. Thoroughly frightened, the two lovers beat a hasty retreat but, with one last act of bravado, your son took aim at a sign on the man's property and obliterated it with the car. Later, as an afterthought, your son casually mentioned to you that before leaving the property he took the opportunity to fire a few shots in the man's direction with a gun that he had "borrowed" from you.

On the way home, your son drove quite fast and had to swerve to avoid a boy on a bicycle. The boy lost control and hit a tree. A passing pedestrian rushed to help the boy, only to be hit by another car. While in the hospital, the pedestrian was treated by an inexperienced nurse and suffered permanent disfigurement. The pedestrian is unable to work and has emotional anxiety about his appearance.

Ultimately, your son arrived safely at home with a car that was only slightly scratched from its close encounter with a sign.

What intentional torts were committed in this scenario? What negligent torts were committed in this scenario? State what defenses could have been raised by each of the actors who committed a tort. Also discuss issues of causation.