Description
After reading Chapter 7 (including the Moot Court Case at the end) and watching the below video, complete discussion questions #4 & 6. Please write out the question along with your response.
Video-
What is Tort Law?
(Links to an external site.)
4. Describe the tort of battery, explain how it differs from the tort of assault, and list and describe several situations or contexts in which the tort of battery might arise.
6. Explain how product liability might arise in the context of a lawsuit against (a) the manufacturers of sports equipment and (b) those who buy and distribute equipment to players under their care.
Chapter 7 Outline-
http://www.delmarlearning.com/companions/content/1…
Moot Court Case-
Sport Spectator Scenario
During the summer, Sammy Slugger attended a Triple A baseball game with his wife and four chil-dren. They had driven 30 miles (50 km) from their home and paid for the tickets at the gate before entering the game. Their seats were 20 rows up along the third-base line. The seats behind home plate were protected by a screen, but Sammy?s seat was far enough up the third-base line that it was unprotected. Sammy loved baseball, and he was enjoying the game with his family. Sammy also enjoyed
watching the antics of the team mascot and eating and drinking the food and beverages offered at the game. The peanut vendor, a stadium employee, was a true favorite of the fans. Instead of walk-ing along each row and distributing bags of peanuts by hand, this vendor had a unique method of selling peanuts. He would walk along the row beneath the spectators and throw bags of peanuts to whoever called for them. He would also throw a tennis ball with a carved hole in it to the hungry spectator, who would place money inside the ball and return it to the vendor. In the sixth inning of the game, the peanut vendor passed in front of Sammy and spotted a fan who wanted a bag. The fan was sitting several rows up and behind Sammy and his family. The vendor heaved the bag of peanuts as he always did, but on this occasion he slipped on a piece of ice and lost control of the throw. The bag flew through the air but fell short of its intended mark, hitting Sammy squarely in the chest. Sammy reached down to retrieve the bag and at that instant felt as if he had been struck by a sledgehammer. Unknown to Sammy, a player had fouled a ball directly in Sammy?s direction. Distracted, Sammy had not seen it coming. He was rushed to the emergency room of the local hospital for treatment of his serious injury. Sammy, though still a fan of baseball, brings suit against the stadium management for his misfortune.
