Tort law Discussion, writing homework help

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jnerntyr31

Business Finance

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Name Those Torts

Read the following hypothetical situation. Discuss which torts have been committed, the elements that exist for those torts to be committed, any defenses that might be alleged, and who might be liable for what.

All Right Pest Control sent Handy Dan to the Smith Lake area to spray several lake homes for silverfish. There had been so little rain that season that customers were complaining of being overrun with the critters.
Handy Dan decided that, since he was there, he would do some dynamite fishing. One of the houses he sprayed had a great boat dock with a small metal fishing boat tied to it. He figured he just had to pick the lock on the chain that secured it, get in, get out, and he would have fish for the freezer before anyone was the wiser.
Out in the boat, Handy Dan threw a stick of dynamite into the water, which created a huge explosion. An extremely large carp flew up out of the water, striking Sam, who was passing by on a ski-do, in the head. Sam had not seen the Carp sailing through the air because he had been talking on his cell phone with his mother. Sam screamed and hollered for help, because the force with which he had hit the water had injured his legs. Knowing he was about to drown, he said good-bye to his mother, assuring her that he loved her even unto his dying breath.
The ski-do, loose and unmanned, swerved onto a path headed directly for the marina, where a tanker was filling up the gas tanks. The tanker, struck by the ski-do, exploded, sending a path of fire up the mountainside toward a convalescent home.

In the convalescent home, Helga, the day nurse, was very angry with Lola and her best friend, Lena. The two had gone to Helga's supervisor the day before about a spat they'd had with her. She saw the fire coming, locked the door to Lola's room, yelling, "Burn, you old bats!" and ran down the hall. Lola, frightened, sobbed through the door, begging for someone to help them. The only other way out was a second story window. Igor, hearing Lola's cries for help, broke the door down with a fire extinguisher, and the three escaped to safety.

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Hey, see the attached please. Let me know if there is a problem. I did not follow a specific outline. Let me also know if you want clarity 👍

Running head: TORT LAW DISCUSSION

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Tort law discussion
Name
Institution
Course
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Date

TORT LAW DISCUSSION

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Types of Tort Present in the Scenario

Negligence
Negligence is the careless or reckless behavior and conduct that results in an injury or
damage. This is different from an intentional tort where the assailer deliberates intends to cause
damage or harm. For instance, in this illustration, Handy Dan’s intention was to capture fish but
his conduct leads to other injuries that he had not intended. It can be deduced that he was
negligent because he was capable of foreseeing an impending harm due to his carelessness. In
order to prove negligence, there is a certain code of conduct that an ordinary person is expected
to adhere to and a legal duty tha...


Anonymous
I was struggling with this subject, and this helped me a ton!

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