Finding Nemo Hypothetical Case Study

Introduction In this case study I will discuss the several types of torts that occurred in the Finding Nemo Hypothetical. I will name each tort and list whether it is intentional or unintentional. I will outline who the plaintiff and defendants are in each tort. I will also provide all elements required for the plaintiff to prove that an actual tort happened and any possible defenses that can be brought by the defendant. Lastly, I will discuss any damages available to the plaintiff.

Tort 1 & 2 - Assault and Battery In this tort, Dory the plaintiff will be suing Marlin the defendant for both assault and battery which are intentional torts. For an assault to occur a person must, through word or action, intend to make another person fearful

Marlin tries to grab the goggles back from Dory and while they are struggling the goggles slip out of Marlin’s hand hitting Dory in the nose, causing her nose to bleed. Marlin grabbing the goggles was the action that began the tort. This caused Dory to fear because any reasonable fish involved in a struggle would be fearful of the outcome. The fear of immediate physical harm is seen when the goggles would have been stretched out potentially hitting Dory in the nose. The fear was reasonable, because any reasonable fish knows that it hurts to be hit in the nose. At this point Dory has satisfied the elements for an assault. What happens next predicates the tort of battery. Battery is an assault that results in physical contact. The second that the goggles hit Dory in the nose she had the elements for battery. Marlin would probably bring a defense of

The blood causes Bruce the shark, who has a blood addiction, to go into an insane rage. Bruce would be the plaintiff in this tort of negligence and Marlin and Dory would be the defendants. Negligence is an intentional tort and is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Dory and Marlin are friends with Bruce and they know that Bruce has a blood addiction. Their struggle resulted in the release of blood which induced Bruce’s rage. Any fish would know that it was their duty of care to keep blood away from a shark. Bruce could ask for general damages of distress because their struggle caused him to relapse. Bruce could also ask for specific damages due to any injuries he incurred from his fit of rage. There would be no punitive damages awarded in this case because Dory and Marlin were not acting in an outrageous manner when the goggles slipped and caused Dory’s nose to bleed. Dory and Marlin would use a defense of comparative negligence saying that Bruce caused a larger share of the negligence which would reduce or completely wipe out the charges against