In Bill v. Wally, the defendant is liable for the tort of negligence. Wally is guilty of negligence because there was a breach of duty, proximate cause, and injury. Wally had a legal duty to conform to a standard of conduct of driving established for the protection of other people. He breached that duty when he failed to conform to that standard. Wally also, as a county bus driver, would have some

sort of bus license or certification beyond a normal driver's license. This additional training compels his liability to be held to a higher standard of law, beyond a reasonable person's standard.

We must remember it is because the defendant lit his cigarette that he lost control; the loss of control was not due to the substandard road, and thus, is not a defense for Wally. Another possible defense is Bill's assumption of risk. The defendant could argue that Bill assumed the risk of walking down an unpaved road with no sidewalk. However, the plaintiff could not knowingly assume the risk of a bus driver losing control of his bus.

Finally, under respondeat superior, Bill and Carol can also sue the Wilson County School System for all the actions that they sue Wally for. In this case, Bill can sue for negligence, assault, and emotional distress; Carol can sue for trespass to real property. Since Wally carries out the process of the school system's business of providing a safe way for children to get to school, his tortious acts hold the school system liable because they are his employer.

Additionally, in Bill v. Wally, infliction of emotional distress occurs when an individual's act is so extreme that he or she imposes emotional distress as well as resulting physical harm from that recklessness. Wally, who could have caused a fatality, did not have a requisite intent to injure Bill. Therefore, one could easily question the weakness of a charge against Wally for infliction of emotional distress. However, upon examining the definition of intent, intent does not require a hostile or evil motive. Rather, it means that the actor believes the consequences are substantially certain to result from that act and most often within that act, physical injury occurs. Under the reasonable person standard, driving is a skill that requires complete attention at all times. Wally, as a bus driver, ensured to protect the safety of society's most fragile passengers -children- would have known pursuing another activity while driving was dangerous and reckless, especially one involving a lit cigarette. He knew that this action was a foreseeable accident. With a conscious intent, he ignored the standard of a reasonable person, and thus, a potential fatality ensued. Upon ascertaining Wally's liability for infliction of emotional distress, how and to what extreme did Bill, an innocent bystander, suffer? Because Bill was forced to trample into prize

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Approximate Word count = 1654
Approximate Pages = 7 (250 words per page double spaced)