Part I (3 points) Highlight and make bold your choice.
- Alice was watching a juggler at a street show. At one point, the juggler juggled balls and a chainsaw at once. The chainsaw slipped through his hands and scarped the side of Alice’s head causing much of the hair on her left side to be trimmed away. How will a court view this case?
- The juggler committed an assault.
- The juggler committed a battery.
- The juggler committed a tort of negligence.
- The juggler is caused no legal harm.
- If someone uses a picture of you to sell cereal and fails to get your consent to do this, you may be able to sue for:
- public disclosure of private facts.
- publication of information in a false light.
- If you are found to be strictly liable by a court, this means:
- your liability is based on your intent to harm someone
- your liability is based on the foreseeability of the harm
- you are liable for the harms you cause regardless of your fault.
- you are liable for the harms you cause only if the other party was negligent.
Short answer questions: (Total points: 2). (Choose 4 out of 6 to answer. Do not choose all 6.
- Name one intentional tort that can result in damage to a business firm’s bottom line. (0.5 point)
- Name one kinds of intentional tort that is based on protection of a person’s property. (0.5 point)
- Why are intentional torts more likely to result in a verdict not only for compensatory damages but also for punitive damages? (Explain in 1-2 sentences) (0.5)
- Which basic element(s) need(s) to be proved to establish liability in an intentional tort? (0.5 point)
- Which element(s) need(s) to be proved to establish liability for negligence? (0.5 points)
- Name two of the most commonly used excuses for a negligent tort. Explain each in one sentence. (0.5 points)
Part II. Pick any one of the following to answer. Explain with reference to all rules/laws that apply. Do not just answer the question Consider all elements, excuses, defenses, exceptions, etc. that apply and discuss. Make arguments in detail in favor of your position.. (Total: 5 points)
- Sam, a heavy fellow, enters Dudley’s Deli (owned by the eponymous actor, Dudley Moore) and, rounding a corner, slips on a banana peel and breaks his wrist. Because Sam is heavyset, the vibration from his fall sets off several car alarms on the street which, in turn, activates more car alarms. Fran Fragile is working her first day as a construction worker and, hearing the alarms, gets so nervous from the sounds that she drops a large box of nails and breaks it causing nails to fly all over the construction site. One nail flies in the open window of a limousine making a small cut on Brittany Spears’s face which will result in a permanent scar. Can Brittany make a successful tort claim against Dudley? Can Sam? Why or why not? (Hint: See the Palsgraf case and legal descriptions in Chapter 7 of Advanced Business Law and the Legal Environment: “Introduction to Tort Law”). (5 points)
- A woman fell ill in a store. An employee put the woman in an infirmary but provided no medical care for six hours, and she died. The woman’s family sued the store for wrongful death. What arguments could the store make that it was not liable? What arguments could the family make? Which seem the stronger arguments? Why? (Refer to Chapter 7 of Advanced Business Law and the Legal Environment: “Introduction to Tort Law”) (5 points)
Part III: Extra credit question. (Case question)—The extra points you win go toward your final grade.
On LEO, under Contents for Week 2 and Contents for Week 3, you can find “Week 2 Cases” and “Week 3 Cases.” Choose any one case, and summarize using the IRAC method (Issue, Rule, Application, and Conclusion). That is, indicate what the issue was, what the rule was upon which the court made the decision, and what the conclusion of the case was (who won, who lost, why, etc.).