Tort is described as interference of a person's right by intent, negligence or strict liability (10se). In this scenario there has been interference of rights of different people (Harlow, C. 2005) .The objective of this essay is to state the elements of tort claim that constitute the plaintiff's claim, state the names of plaintiffs, name of the defendants and explain how the case can be legally be resolved.
Elements of the tort that constitute the plaintiff's claim, the plaintiff and the defendant
Assault- in this scenario malik points an unloaded gun to Daniel with an intention of scaring him (Faure, 2009). The plaintiff in this case, is Daniel and the defendant is Malick.
Nuisance - Malick interferes with the enjoyment of Daniel and Ruben when he accidentally powers alcohol on Ruben. Ruben is the plaintiff and Malick is the defendant.
Battery-Daniel commits battery when he pushes Malick and causes him to loose his front teeth. Daniel is the defendant and Malick is the plaintiff.
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Defamation: The lady at the concession stand commits defamation when she accuses falsely. The plaintiff in this case is Daniel and defendant is the lady at the concession stand (Kenyon, A. 2006).
How the case can be resolved
Incases of defamation the claim can be resolved by compensation (Harlow, C. 2005). The lady who is the plaintiff can show that she was not at the scene when Malick poured alcohol to Ruben. She can compensate Daniel by ensuring that he gets back his job. She should also ensure that Daniel gets the right medication for suppressing his blood sugar. Incases of battery Daniel can pay for the medication of Malick's injured teeth. In terms of Malick may compensate Daniel for interfering with his emotions by scaring him (Tlang).
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