Catherine Hoey

4/19/17
OBrien
Torts Quiz
Torts- A private wrong against a person or his/her property. Aside from certain limited
circumstances, all torts arise from either an intentional, wrongful action or form a
negligent action. (pg.447)
1. Intentional Tort- defendants act must be expressly or implicitly intended; the
resulting harm need not to be intended, but must have been reasonably
foreseeable. (pg. 454)
2. Negligence- the plaintiff must show four things:
i. Duty
ii. Breach of duty
iii. Proximate/foreseeable
iv. Suffered damages
(Pg.455)
3. Strict liability- the defendant is liable for the plaintiffs injuries despite the
absence of negligence or intentional wrongful acts. Other parts of liability could
be product liability, workmens compensation. (pg. 460)
4. Defenses- result from a failure to meet the definitional requirements of a specific
crime or tort and/or more generally, from falling short of the level of proof
required. (pg. 472)
5. Remedies- the legal relief that prevents a wrong, enforces the right, or
compensates a party for harm caused by violation of his rights. (pg.743)

The kids on the bus suing Faith

1. Intentional- Faith did not intentionally hit the school bus, there was no intent.
2. Negligence-
a. Duty of the girl to get her car fixed by a knowledgeable mechanic and to
check to see if what needed to be fixed was done correctly.
b. Breach of duty for the girl to not double check the work of the mechanic,
although it is not something we think to do after getting it fixed.
c. Proximate/foreseeable that if she did not get the car fixed properly that the
car would be unsafe to drive.
d. Suffered damages, yes the kids on the school bus did.
3. Strict liability- there is not strict liability of the girl, but the product liability is a
big part since the product did not work properly.
4. Defenses- there are no defenses
5. Remedies-
 a. Damages- refers to the compensation due to the nonbreaching party to
recover any financial loss or injury caused by a breach of contract.
(pg. 166) This works because it will give compensation to the kids on the
bus that were hurt.

Faith suing the mechanic

1. Intentional- No there was no clear intent
2. Negligence- yes
a. Duty of the mechanic to know how to properly put together and work on a
car so that it is safe for the customer to drive in. Damian did not know how
to properly fix the car and relied on a guide to show him how.
b. Breach of duty was lying to Hope about knowing how to fix a car and then
not telling her that the man that actually knows how to left town to pursue
his dream to become a dancer. He should have told her that he did not
know what he was doing and try to refer her to a different mechanic since
it took two months to finish.
c. It is proximate and foreseeable that if he does not know how to fix a car
properly that something will go wrong and could end in an injury of the
customer.
d. Suffered damages, yes.
3. Strict liability- no.
4. Defenses- there are no defenses
5. Remedies- Injunction is a court order to a person or party to do, or refrain from
doing a specific thing. The equity court order may prohibit a breach of contract
that has not yet occurred if the prospective breach threatens irreparable injury.
(pg. 173) Damien did not have the means to successfully fix Hopes transmission
and it turns out that the only thing it really needed was a tune up. Damien
completely changed the transmission, but he did not charge extra. He still put
Hope and other people on the road in danger by incorrectly putting together the
part.
Faith and kids suing Trump Enterprises
1. Intentional- no
2. Negligence- yes
a. Duty was to make sure that the part works and that it is a reliable product.
With that, properly testing the product.
b. Breach of duty, they did not test the product correctly to be sure it was safe
to use putting everyone in danger.
c. It is proximate and foreseeable that if the product is not tested right that it
will in fact not work correctly putting people in immediate danger.
d. Suffered damages, yes.
3. Strict liability- yes, product liability (pg.460)
4. Defenses- there are no defenses
 5. Remedies- Compensatory damages, if there has been a material breach of
contract and this breach has caused measurable damages to the plaintiff, the
court will try to compensate the plaintiff by awarding a sum of money sufficient
to make him/her whole. (pg.167) This will properly give the kids and Hope
compensation for their damages.

In the end I believe the biggest party that was at fault, in my eyes, was Damien. He did
not know what he was doing and was not honest about it. He had Faith wait two months
before her car was finally finished for what was supposed to only be a tune up, and she
was partly at fault for not questioning him more. If he had told her right away that he
was not sure what he was doing then he could have referred her somewhere else, no
longer putting anyone in danger and then there would not have to be any suing
happening. Then the faulty part would not have been put into the car, and in turn there
would not have been an accident.