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What intentional tort should ally sue michelle

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Reference no: EM133433173

One month ago, the 5th annual music festival "SB Love" was held at the Santa Barbara Bowl. Featuring Travis Scott and other musical artists, the event space was designed to sell 15,000 tickets.

Unfortunately, the concert planners (the company SB Love, Inc.) were unprepared for the demand for tickets, and oversold the event. In total, they sold 20,000 tickets. With the extra money, SB Love, Inc. decided to give extra perks to the music artists for showing up to Santa Barbara.

On the day of the concert, the event suffered from a lack of security, working restrooms and water stations. Many people became sick from heatstroke during the day. At night, the beginning of Travis Scott's set was interrupted when several of his fans rushed the stage and injured others. Many concertgoers yelled for Travis to stop his set temporarily, but he continued to play.

Ally attended the concert with her friends and was injured in the middle of Travis Scott's set. She sustained a broken leg and has to walk in crutches for the next 2-3 months. During this time, Ally is unable to work at her job giving walking tours of State Street at Santa Barbara Ghost Tours.

On the back of all concert tickets to SB Love is the following statement: "all persons attending SB Love does so at their own risk and assumes the risk of any injuries that may occur during the event. SB Love, Inc. is not responsible for any damages sustained to persons or property."

For Question 2

Right before Ally was hurt by the crowd, she was pushed to the ground by Michelle, who then kicked Ally several times. When confronted by security, Michelle claimed that Ally had said to several people entering the concert that she was going to "get her" as soon as Travis Scott began his set.

Today, Ally walks into your office wanting to (1) sue SB Love, Inc. and Travis Scott for negligence, and (2) sue Michelle for intentional torts. She asks you the following questions:

Question 1: Negligence

Introduction: Which party (Plaintiff or Defendant) is responsible for proving the case? What standard (POE or BRD) does that party have to prove?

Law: What is the rule for negligence? What are the four elements of negligence?

Plaintiff Argument: What two arguments (legal and factual) can Ally make?

Defendant Argument: What two defenses (legal and factual) can SB Love, Inc. and Travis Scott make?

Conclusion: Is SB Love, Inc. and Travis Scott liable for negligence? Why or why not?

Question 2: Intentional Torts

What intentional tort should Ally sue Michelle for and why?

What is Michelle's best defense?

What court (State/Federal) has jurisdiction to hear both cases?

Why should Ally sue Michelle, SB Love, Inc. and Travis Scott?

 

Reference no: EM133433173

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