Business LawMT-311

Unit 2 Torts and Cyber Torts

Reading:

Chapter 2, Traditional and Online Dispute Resolution, pp. 33–54

     

Chapter 4, Intentional Torts to Persons, pp. 82–90, Unintentional Torts (Negligence), pp. 90-94, and Cyber Torts, pp. 94–96.

Chapter 17, Product Liability and Defenses to Product Liability, pp. 330–336. Doc sharing

Discussion: Every student will have the same recall.

Find the recent Product Recall at the United States Consumer Product Safety Commission (USCPSC). Answer the discussion questions described below.

Plaintiff: Product Recall: Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability, etc. If you state the law in your answer, be sure to cite your source of information.

Be sure to answer the following questions: 1. Discuss whether you would sue the manufacturer based on negligence or strict liability. 2. Identify potential manufacturer defenses. Explain.

In your responses, be sure to:• Discuss the elements of strict liability and/or negligence.• Examine which doctrine you would utilize in a lawsuit against a manufacturer.• Discuss various defenses available under chosen Tort.

As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip.

After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.

In your paper, answer the following questions: 1. What are the factors that indicate whether Davis owed Esposito a duty of care? 2. What do those factors indicate in these circumstances?

In your responses to the above questions, be sure to : Discuss the tort of negligence and how it applies to our facts. Discuss the duty of storeowner to protect customers from harm.

Page 90

Duty: do we owe a duty?

Causation: what was the cause of the incident

Breach : was this duty breached?

Damages : how much damage/cost occurred

NOTE: These are elements. You must have ALL elements to sue under this theory.

For example: car accident

Let’s talk about a negligence claim

The Case: Actual case Review the following case. Prepare an analysis that will demonstrate your ability to both answer the questions presented and incorporate theories and concepts from this week’s material. Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a home with HBW, it paid a fee and filled out a form that stated the following: “By signing below, you acknowledge that you… CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein.” HBW then issued warranty booklets to the new homeowners that stated: “Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW…shall be submitted to arbitration.” Would the new homeowners be bound by the arbitration agreement, or could they sue the builder, Osborne, in court? (Baker v Osborne Development Corp., 159 Cal.App.4th 884,71 Cal.Rptr.3d 854 (2008) Page 51

In responding to the question be sure to: Discuss what courts are saying about the enforcement of arbitration clauses in contracts. Utilize the decision in the NCR Corp v Korala Associates, Ltd. Page 51

Select the correct dropbox ◦ Assignment

◦ Case Analysis

◦ We have a late policy 20% off for 1-7 days 30% off for 8-14 days No credit

No late assignments will be accepted in Week 10

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Have a Great week!! Email me with any questions…

◦ I’ll see you in the discussions