Review the basic concepts associated with establishing an intentional tort by watching the following YOUTUBE video that is an overview of tort law which will help you create and answer the Discussion Posts for Module 4 :
After reviewing the YouTube videos and your textbook, draft a discussion post answering the following question based on the scenario below:
In February of 2014, Ray Rice struck his then – fiancÃ© Janay Palmer in a hotel elevator while intoxicated. Ray Rice was charged with third degree aggravated assault the day before Ray Rice and Janay Palmer were married. The NFL suspended Ray Rice for two games and then ultimately suspended Ray Rice indefinitely. The Ravens terminated his contract the same day he was suspended by the NFL.
Ray Rice then instituted a lawsuit against the Ravens for wrongful termination. Rice settled with the Ravens for over a million dollars in 2 015 and has since blown through the money. Janay now wants a divorce and wishes to pursue a civil lawsuit against Ray Rice for him striking her in February of 2014.
What will she need to prove to prevail?
What hurdles does she face in prevailing in this lawsuit?
Follow the Discussion Post guidelines in the Syllabus.
An intentional tort is harm caused by a intentional action. Ray Rice committed an intentional tort of battery. Battery is the deliberate touching of another individual in a way that is harmful or offensive.
In order for Janay to prevail she needs to prove that Ray made contact and had intent. Being that Ray Rice struck Janay in the hotel elevator proves that harm was caused with the intent to cause injury. Janay can show the hotel video and pictures to prove Ray Rice committed battery.
A hurdle that Janay can face is that Ray Rice can make a defense that he was unable to commit an intentional act because of his level of intoxication. It is doubtful that he will win this suit considering he should know the risks of consuming alcohol.