Reference no: EM133440844

Your group has been made aware of an incident at Fight or Flight Fitness, a training center primarily focused on mixed martial arts, involving a paying participant and the trainer.

Facts

Rich Softee had been a member of Fight of Flight for over two years when Peter Puncher began teaching and training there. Peter is a decorated MMA fighter and has been a great addition to Fight or Flight Fitness. Peter teaches the advanced classes, and Rich signed up for them immediately. Peter takes the classes seriously and expects everyone to follow the rules, the safety procedures, and respect everyone in the class. Rich often liked to upstage other classmates by completing moves that were barred in class for safety reasons. Peter has made it very explicit that the safety rules were to be followed at all times, so no one gets hurt. Peter warned Rich several times in class about using low blows and other barred maneuvers.

The following week the class was scheduled to have an exhibition. Since Peter's arrival, these exhibitions have become very popular, with many people coming to watch. The exhibition was crowded and created a real fighting atmosphere. Rich was fighting a very good opponent and delivered several 'low blows' that allowed him to gain an advantage, which eventually allowed him to win. While the ref did not see the incident, Peter did. This enraged Peter. From the outside of the ring, Peter yelled, "Hey punk, you wanna fight dirty, let me get in there and show you how real men do it. Rich decided to take on the challenge, and Peter proceed to engage in an actual MMA fight with Rich. There was a referee and three judges there to determine the winner. After about two minutes, Peter delivered a near-knockout punch and then proceed to place Rich in an ankle-lock submission maneuver. Rich refused to tap out, and his ankle was eventually broken in the ankle-lock maneuver by Peter. Emergency services were on hand, as they always are for exhibitions, and Rich was transported to the hospital, where he was treated and released.

The next day Rich informed Barry, that he wanted to cancel his membership immediately, he expects a full refund, and that he will be contacting a lawyer to press charges against Peter, Barry, and Fight or Flight Fitness for assault and battery.

Barry and Fight of Flight Fitness do not think these allegations should be taken seriously, as MMA is a dangerous sport.

ISSUE

1. Under civil assault and battery law, did Peter Puncher intentionally harm Richard Softee, and can Barry Roughhouse and Fight of Flight Fitness be vicariously liable for the damages?

2. What are the elements of Relevant law here?

3. Any important considerations or contextual elements?

4. What are some of the facts that support the Plaintiff's Claim of Negligence?

5. What is a court case that supports this analysis of the plaintiffs' claims?