Rick and Walt are next-door neighbors. Rick hosted nightly rehearsals in his bac

Question

Rick and Walt are next-door neighbors. Rick hosted nightly rehearsals in his backyard for
his band, which featured several electric guitars and amplifiers that he owned. Because
the rehearsals were so loud, Walt could not conduct telephone conversations in his house
even with the windows closed. He repeatedly asked Rick to lower the volume of his
rehearsals, but Rick refused.
One night, while Walt was standing in his own yard, he attempted to disrupt a rehearsal by trying to spray Rick with water from his garden hose. He missed Rick with the water, but
hit Cal, another band member, and the amplifiers. The water caused Cal to suffer a severe electric shock when it contacted an electric guitar he was holding. The water also destroyed the amplifiers.

Rick picked up another electric guitar, ran into Walt’s yard, and charged at Walt, swinging
at his head. Walt ducked and ran into his house.

1. What tort claims, not based on negligence, can Walt reasonably bring against Rick?

Discuss.

2. What tort claims, not based on negligence, can Rick reasonably bring against Walt?

Discuss.

3. What tort claims, not based on negligence, can Cal reasonably bring against Walt?
Discuss

Explanation / Answer

Tort claims are unintential. Walt has not intentional done the injury to Cal and loss of amplifier. He was just wanted to disrupt Rick and his rehearsal as Rick rehearsal has caused him disturbance and in spite of repeated request Rick is not listening to him to slow down the voice. Therefore, Walt cannot claim tort for his injury in return. Rick can reasonably claim tort against Walt. Whether intentionally or unintentionally, Walt has caused him material loss of his amplifier. Therefore, not based on negligence, Rick can reasonably claim for compensation from Walt for his loss Cal can claim tort from Walt. Walt have the problem with Rick. Cal was not his neighbour, he was just the band member. He got hurt with the electric shock cause with the water from Walt. He can claim tort for his physical and mental health loss in term of medical compensation from Walt.

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