Tort Essay Question – Discussion Only – Torts

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Essay Question #2 – Torts – Discussion Page Only!

Kenneth Lanzer

Discussion Page

Feel free to discuss any aspect of this hypothetical fact scenario But – Do NOT Post your answers here!

Do Not ,,, Do Not ,, Do Not ,,, Post your entire Essay Answer HERE!!!!!!!!!!!!!!!!!!!!!!!!

This Discussion link is intended to interact with your fellow students’ ideas as to what, if any, tort (Civil Violation) Steve may be liable.

Post your answers in the ASSIGNMENTS box here on Canvas. Go to the Assignments link here on Canvas, then scroll down to where it says Essays:  Open up “Chapter 5 Essay Questions on Torts” – this is where you type in your answers for this essay assignment.

Discussion:  Be sure to participate in the Discussion of the topic!    Ideas: State where you located the law or cases on this topic; if you have questions, post them here; you can respond, politely, to what other students have posted – agree or disagree; state your ideas about this hypothetical fact pattern; etc.

You Must First post your response to this Discussion before you can see responses from your fellow students. Once you post your initial response you can add / participate in the discussion of this topic!

PLEASE – support your comments with the law, not merely your opinion!

I will add my comments when necessary! 

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Chapter 5 – Torts (Intentional, Negligent, and Liability) 

Essay Question #2 – Hypothetical:  

Steve was walking along the beach near Santa Monica pier early on Sunday morning. Steve was the Captain of the college swim team some years ago and he still enjoys going for long swims in the morning. However, on this particular Sunday morning it was a bit cool out, so Steve just sat alone on the beach watching the waves. While sitting there, Steve noticed someone in the surf who was yelling for help! The person was about 100 feet offshore and was having difficulty staying afloat. Steve watched as the person struggled to stay afloat. The swimmer went up and down in the water yelling for help – within a short time, the swimmer disappeared under the surf.  Shortly after the swimmer went down for the last time, Steve got up and decided to head down to the local Starbucks to get some coffee. By this time a crowd appeared on the beach to see what was going on?  A few people in the group recognized Steve as the former captain of the college swim team and asked him why he didn’t go into the water and save the person? Steve just shrugged his shoulders and headed to the Starbucks.  

Answer EACH Part of the Question separately – A, B, C. Questions:  NOT HERE!  Post your answers on the Assignments link – this site is limited to the Discussion of the topic!

A. Could Steve be held liable for some sort of Tort? Could the family of the deceased swimmer sue Steve? Did he have a duty to try to rescue the swimmer? Explain in detail. Be certain to discuss in your answer the elements of any Tort you feel Steve is liable.  PLEASE do not simply provide me with your opinion – no credit for opinion unless supported by law! 45%  

B. If Steve had yelled to the drowning swimmer that he was going to call 911 for help – and, instructed the swimmer to remain calm. However, Steve never called 911, instead he headed straight to Starbucks and the struggling swimmer then drowned while patiently waiting … would that change things if this matter went to court and the family sued Steve?   Explain – if Steve then created a legal duty? Again – not your opinion – the law please! 35%  

C. 20% of your grade for this assignment will be based on your participation in the DISCUSSION of this topic. All students are required to contribute their ideas, suggestions, and legal analysis directly related to this assignment. DO NOT post your answer in the DISCUSSION section!   20%  *

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