Question

Little Timmy and Big Brad trade insults online until Big Brad has enough. Big Brad challenges Little Timmy to a duel; Little Timmy accepts the challenge. Kang agrees to be Big Brad's second while Kodos agrees to be Little Timmy's second. They select an empty field owned by Larry Lassie as the place for their duel. No one asks Larry Lassie for permission. Larry Lassie has no knowledge of the events until afterwards.

Dawn arrives on the day of the duel. Big Brad, Little Timmy, Kang, and Kodos are there. Big Brad and Little Timmy stand back-to-back and start to walk away from each other. The agreement is that they each will turn and fire their pistols upon reach ten paces.

At the eighth pace, however, the ground under Little Timmy gives way. Little Timmy falls down an abandoned 12-foot deep shaft. The shaft was hidden by grass and dirt covering rotting boards. The boards gave way when Little Timmy stepped on them. Little Timmy breaks both of his legs and suffers permanent hearing loss in his right ear when his pistol goes off with the muzzle next to his ear.

Larry Lassie did not know about the shaft. Philip, a prior owner of the lot, started to build a fallout shelter there but stopped work after digging the shaft. Philip covered up the shaft with boards, intending to restart work later. Philip died of a heart attack before restarting work; he had not told anyone about the shaft or his fallout shelter plan. Over the years, dirt covered the boards and grass grew in the dirt. The shaft was completely hidden by the time Larry Lassie bought the lot.

Little Timmy sues Larry Lassie and Big Brad. What duty did Larry Lassie and Big Brad each owe Little Timmy? Is Little Timmy likely to prevail? Why or why not?

The applicable state law prohibits anyone from participating in a duel. The punishment for violating that law is imprisonment for up to five years and/or a fine of no more than $20,000. Is this a petty offense, a misdemeanor, or a felony? Of the people involved in the scenario above, who could be convicted under that criminal statute? Why or why not?

Answer 1

The state laws clearly probits anyone from participating in the duel yet little timmy and big brad did do it. Duel can be a felony or misdemeanor depends on the state laws of that state. .Here the scnario is timmy is suing lassie and big brad for the injury he had during such duel. firstly, the duel is probibited. second lassie has no idea about duel happening on his land ( larry cant be a party as he was not aware of the fact the duel is happening on his land ). lassie is actually out of question as he was not not all aware of the situation and also about the shaft.Big brad will be charged for misdemeanor. if timmy was dead then brad would have been charged for felony ( first degree murder). As for the case of timmy as he is a party of duel just because he is injured doesnt immune him for charging him for participating in duel.