Law Consultation Paper

Business Torts Consultation Scenario

Ron worked on commissions at Sports Inc. (Sports). Sales were dropping. Accordingly, Sports’ manager told the salespersons that if they did not start selling more products, the company was going to close. Ron began trying to sell more products. He told several of his customers that the products in which they were interested came with lifetime warranties. Because of this extended
warranty, many customers bought products they would not have otherwise purchased.
One day, a customer, Cal, asked to look at a gun. Ron handed the gun to Cal who examined the gun and told Ron he would take the gun and a box of bullets. Ron put the bullets on the counter and turned away to ring up the sale. While Ron was not looking, Cal opened the box of bullets,loaded the gun, and shot a woman who was walking with a man in the next aisle. Upon seeing
his wife shot, the man had a heart attack.
Cal then aimed at another person, but Ron knocked him down, spoiling the shot. Nevertheless,the bullet injured a young child. Cal and Ron struggled until Ron knocked Cal unconscious. The store security guard came over and, in the heat of anger, kicked the unconscious Cal in the chest.
Ron could hear Cal’s rib break. Ron and the security guard managed to lock Cal in a storage room until the police came.
The police did not arrive for over an hour. Before they got there, Cal banged on the door, saying he needed medical attention. The security guard told Cal, “Be quiet or I will break another of your ribs!” Cal was not released from the closet until the police arrived.
A year after the shooting incident, some customers began having problems with their products and called Sports to have the products fixed under the warranties Ron said existed. When the customers were informed that there were no such warranties, they were angry. The manager found out for the first time what Ron had done when an irate customer, filed a lawsuit against Sports. The manager fired Ron and demanded that Ron clear out his locker and leave. He had security escort Ron out of the store in front of the other employees, who were shocked. When asked by the other employees about what happened, the manager told them that Ron was fired for stealing from the company.

You are a business risk mitigation consultant. Your client discusses the above scenario with you concerning some recent incidents at his store.

Create a 1,400 to 1,500-word proposal for your client in which you discuss the following:

What are the potential torts involved that might affect your client?
What are possible defenses each defendant might assert?
How will each tort claim be resolved; i.e., who will win and why?
What damages will the prevailing party in each tort claim be awarded and how will the damages be calculated?

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