IRAC Assignment Essay

Li go out attempt to prove she was the dupe of int discontinueed torts by her teacher Mr. Billups. At naturalise, Li was placed in a cage for the day to reenact how Americans reacted to the events of os Harbor. Li pull up stakes accuse Mr. Billups of intentional infliction of emotional distress and absurd imprisonment. Being placed in a cage for the day go forth be considered an unreason competent amount of time, and being effectuate in the cage with the other un cognize born students from her crystallize go away put d experience emotional distress.NegligenceLi will attempt to prove the four elements of oversight against Mr. Billups for his previously stated actions. The elements required argon duty of care, failure to protect from harm, fountain of the harm, and damages, which in this case are mental and physical. After review of the actions taken by Mr. Billups, it seems Li will be able to show the four elements required for negligence. Lis ParentsRespondeat Superior /ScienterLis parents will attempt to sequester liability to the schoolhouse soil which employs Mr. Billups, claiming respondeat superior. Lis parents will claim that Mr. Billups hostile and harmful actions were performed within the course and stove of his employment at the school, therefore sledding the territory which employs him partially responsible or at fault. As Mr. Billups employer, the school district had e very opportunity to put an end to the gross reenactments of events in American bill which arrest taken place in Mr. Billups class even before the near recent incident involving Li. In addition, scienter can be applied by Lis parents because at the very least, the principal of the school should have known about Mr. Billups demeaning antics. Mr. BillupsTort DefensesMr. Billups will attempt to use tort defenses including assurance of risk, superseding/intervening cause, and contributory negligence. By displace their child to school, Lis parents sour the risk of their child participating in educational activities in history class. The school district is partially to blame as well because they must have perceive/knownabout the practices Mr. Billups uses to teach his students. In addition, Li and the other foreign students contributed to their own negligence by attending Mr. Billups class and agreeing to be put in a cage in class.ScienterLis parents, Li herself, and the school district all should have known of the reenactments performed in Mr. Billups class, proving scienter.School DistrictRespondeat SuperiorThe school district which employs Mr. Billups will claim the playing period and detour defense to respondeat superior. Their claim will be that Mr. Billups was acting outside the rules and regulations stria forth by the district, and that they could not have possibly seen ahead of time the out or keeping(p) actions Mr. Billups performed in his classroom. Conclusion The court will use the reasonable person run and likely find for Li an d her parents.