LAW Case study

In answering this question, identify each tort committed. Name the tort, tell who committed the tort, tell the elements/definition of each, and tell what facts lead you to believe the tort was committed. Next, state what defenses, if any, the defendant had for each tort committed. State the defense, what is required to prove the defense, and what facts led you to believe that the defense is available. Example: Brian walked up to Danny and punched him in the nose. Danny tried to duck but was hit anyway.Example Answer: Brian committed two potential torts. First, Brian committed Battery. Battery is the unprivileged intentional touching of another. Brian committed this tort when he punched Danny in the nose. The second tort Brian committed was Assault. Assault is creating a reasonable apprehension or fear in another of an immediate battery. Since Danny tried to duck, it shows he was apprehensive of the punch (the battery). There are no defenses for Brian’s actions.Assignment fact pattern:Kristi was late for work on her first day. Wanting to set a good impression, she felt she had to find a way to make it to the office on time. As she is walking down the street, she saw a bicycle on Mariah’s lawn. Mariah owed Kristi $80 but had never paid her. Kristi decided if she were to ride the bike to work, she may not be that late. Plus, Kristi figured the bike was worth about what Mariah owed her and it would only be fair for her to borrow the bike. Kristi walked onto Mariah’s lawn, picked up the bike, and rode it to work. Kristi made it to work with just a minute to spare. She jumped off the bike and ran into the office building. However, in jumping off the bike, she also flung it down the sidewalk. Jolie, who was not late to work but was outside enjoying a cigarette, saw the bike come flying at her. Jolie tried to move out of the way but was hit in the leg by the bicycle. The result of the incident was a broken leg for Jolie.As Kristi ran into work, she slipped and fell on a puddle of water. Brittany, the office janitor had just mopped the floor. However, she failed to put down a wet floor sign to warn those entering the building. As a result of the fall, Kristi suffered a sprained ankle.
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ASSIGNMENT RUBRIC
This rubric is used to grade the 3 assignments (each worth 100 points)
Answer (45 Points)
•
•
•
•
Did the student address all the points of the assignment
Was the student’s position correct
Did the student fully explain the position taken
Was the student clear on what his/her position was
Legal Support (45 Points)
• Did the student support the position taken with law
• Did the student use the correct law to support his/her position
• Did the student fully explain the position taken
Spelling/Grammar (10 Points each)
Late Work – minus 50% of points earned
• if you would have earned a 90 on the work, the grade posted will be a 45
There is an example short paper question and submission below.
EXAMPLE
Assignment: A limiting statute requires that a hotel post the necessary notice in the
registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in
the registration area and in Guest rooms but fails to post in the lobby, will the hotel be
entitled to limited liability? Why or why not?
Answer:
In this example, the hotel would not be entitled to limited liability. It would forfeit its
ability to be protected by the limited liability statute, and be held fully accountable under
absolute liability as imposed by common law. Failure to follow the law precisely will
result in full liability. Because the hotel failed to post the sign in the lobby (as required
by the limited liability statute), the hotel would be fully liable for any valuables stolen. It
is not adequate to post in two of the three locations required by law, it is only adequate
when you post in all off the locations, and place them in a conspicuous place where
guests can easily read them. It is also necessary to post the warnings in foreign
languages if it is reasonable to suspect that someone who speaks another language may
use the premise. They would also have to be sure that they state the amount of liability
they have in all three places.

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