Sample Paper

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Pages: 10
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Midterm Essay
Tort Law

Torts and Defenses
FACTS:

Teenage Son has borrowed parent’s car one evening. 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 …show more content…
The fourth intentional tort that has been done is infliction of emotional distress. The litigant to bring this action would be the pedestrian. When the pedestrian aided the injured bicycle boy, he was under no obligation to do so. As a result, of his aid he was injured by a second car. He then was treated in a medical facility by a nurse. He suffered permanent disfigurement resulting in lost of work and emotional anxiety due to appearance. The burden could be shifted from the pedestrian to the defendants in the action, the teenage son, second car driver, and the nurse, because each has played a part in the injuries he has sustained. The elements for emotional distress are (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress, Restatement (Second) of Torts§46. In applying the case facts to the elements of intentional infliction of emotional distress (1) the conduct of the defendants were reckless; (2) the conduct of the defendants was extreme and outrageous, and the conduct is the proximate cause of (4) the severe emotional distress. The Teenage Son reckless driving, when he swerved, and failed to stop for the bicycle boy was the actual cause of the pedestrian to aid said bicycle boy. The second car driver is the proximate causes of the injuries that sent him to the hospital, and the medical treatment of the nurse is the proximate
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