FIRST WRITING ASSIGNMENT.edited

TO:

From:

RE:

DATE: 

  1. The issue is whether Townes can recover from Richie’s negligence. For one to be considered negligent, they have to possess a legal duty to exercise care towards another; he/she has to breach that duty, and damage has to occur as a result of the breach. In this case, Richie, a road user, has a duty to maintain good road practices to prevent injury to himself and other people. A responsible road user observes all traffic rules and practices. To apply the foreseeability test, it is reasonable that a person who throws a basketball across the road would cause injury to other road users. Richie, by throwing the basketball across the highway to Amy, which hit Townes, who was wearing a helmet and legally riding a motorcycle, depicts a breach of duty of care. The resultant motorcycle crash to the ground and suffering of injuries by Townes depicts the consequential damage resulting from a breach of duty of care by Richie. The three elements of negligence, i.e., a duty of care, breach of duty of care, and consequential damage, exist. Therefore, Townes can recover from Richie for Richie’s negligence.
  2. The issue is whether Lucille can recover from Richie for Richie’s negligence. For Richie to be held negligent, he has to possess a duty of care; he must breach the duty of care, and damage must occur as a result of the breach. In this particular case, the damage must not be too remote. For damage to be considered remote, it should not be foreseeable. In this case, Richie had a duty of care to ensure his safety and the safety of other road users; he breached that duty by throwing a basketball across the highway to Amy. As a result of his actions, the ball caused the injury. The damage caused to Townes’ motorcycle and Townes can be considered a direct injury. However, the damage caused to Lucille can be considered remote. This is because Townes’ motorcycle is the one that knocked Lucille over, who was riding her bike on the adjacent highway. Despite Lucille suffering severe bodily injuries, her damage can be considered remote therefore excluding Richie from liability.
  3. The issue is whether Ernesto can recover from Richie for Richie’s intentional tort. In this case, Richie’s intentional tort is the tort of defamation. For one to successfully sue for the tort of defamation, they have to prove that another made a false statement, such statement was defamatory, it was published for viewing by a third party, and the defamatory statement caused harm to the complainant’s reputation. In the present case, Richie published a false statement concerning Ernesto’s dismissal from his job due to alcoholism during working hours. The false post was published on a popular social media website and copies of Ernesto’s conversation with his boss. Publishing the false statement on a public social media website led to views by Ernesto’s friends and colleagues. Given that the statements were false regarding Ernesto’s general conduct at work, such statements were defamatory. Therefore, Ernesto can recover from Richie’s intentional torts. 
  4. The issue is whether Julia can recover from Richie for Richie’s intentional torts. Julia will sue Richie for the intentional tort of assault. An actionable assault requires Julia to apprehend unlawful force by Richie, the apprehension on unlawful force must be reasonable, and Richie should have no reasonable justification for the harm. In the present case, Julia was sleeping in a chair next to Ernesto; she did not reasonably apprehend any harm, neither did Richie threaten to cause any harm. Therefore, the intentional tort of assault or battery will not be applicable. Julia should consider the tort of negligence as opposed to an intentional tort. In conclusion, Julia cannot recover from Richie for Richie’s intentional tort. 

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