1. Assault and Battery
Under what theory can an employee sue her employer for merely touching her? Explain
2. Intentional Infliction of Mental Distress
In business, the intentional infliction of mental distress tort has most often involved what type of situation?
3. Invasion of Privacy
Explain the three principal invasions of personal interest tat make up invasion of privacy
4. False Imprisonment and Malicious Prosecution
Explain the difference between false imprisonment and malicious prosecution. In what business situation does false imprisonment most frequently arise?
In recent months, homeowners downwind from International Cement Company have had clouds of cement dust settle on their property. Trees, shrubbery, and flowers have all been killed. The paint on houses has also been affected. Explain what tort cause of action these homeowners might pursue against International cement company.
Bartley signs a storage contact with Universal Warehouse. The contract specifies that Bartley’s household goods will be stored at Universal’s midtown storage facility while he is out of country on business. Later, without contacting Bartley, Universal transfers his goods to a suburban warehouse. Two days after the move, a freak flood wipes out the suburban warehouse and Bartley’s goods. Is Universal liable to Bartley? Explain
Acme Airlines attempts to get control of Free Fall Airways by making a public offer to buy its stock from shareholders. Free Fall’s president, Joan, advises the shareholders in a letter that Acme’s president, Richard, is “little better than a crook” and “can’t even control his own company.” Analyze the potential liability of Free Fall’s president for these remarks.
Fraud can be used to void a contract and as a basis for intentional tort. What is the advantage to a plaintiff of suing for the tort of fraud as opposed to using fraud merely as a contractual defense?
9. Interference with Business Relations
You are concerned because several of your employees have recently broken their employment contracts and left town. Investigation reveals that Sly and Company, your competitor in a nearby city, has paid bonuses to your former employees to persuade them to break their contracts. Discuss what legal steps you can take against Sly
10. Duty of Care
(a) Do you have a duty of care to warn a stranger on the street of the potential danger of broken glass ahead?
(b) Do you have a duty to warn an employee of similar danger at a place of employment? Explain
11. Unreasonable Behavior – Breach of Duty
In litigation, who usually determines if the defendant’s behavior is unreasonable?
12. Causation in Fact
(a) What dose it mean to say that “chains of causation stretch out endlessly”?
(b) What is the standard used by the judge in instructing the jury about causation?
13. Proximate Causation
Explain the difference between proximate causation and causation in fact
14. Defense to Negligence
A jury finds Lee, the defendant, liable in a tort case. It determines that Jose, the plaintiff, has suffered $200,000 in damages. The jury also finds that Jose’s own fault contributed 25% to his injuries. Under a comparative negligence instruction, what amount of damages will the jury award the plaintiff?
Strict Liability in Tort
15. Strict Products Liability
While driving under the influence of alcohol, Joe runs off the road and wrecks his car. As the car turns over, the protruding the door latch hits the ground and the door flies open. Joe, who is not wearing his seat belt, is thrown from the car and badly hurt. Joe sues the car manufacturer, asserting that the door latch was defectively designed. Discuss the legal issues raised by these facts
16. Ultrahazardous Activity
Through no one’s fault, a sludge dam of the Phillips Phosphate Company breaks. Millions of gallons of sludge run off into a nearby river that empties into Pico Bay. The fishing industry in the bay area is ruined. Is Phillips Phosphate Company liable to the fishing industry? Explain
17. Other Strict Liability Torts
Explain when common carriers are not strictly liable for damage to transported goods
18. Compensatory Damages
Explain the three types of loss that give rise to compensatory damages
19. Punitive Damages
During a business lunch, Bob eats salad dressing that contains almond extract. He is very allergic to nuts and suffers a severe allergic reaction. There are complications and Bob becomes almost totally paralyzed. Because Bob had instructed the restaurant waiter and the chef that he might die if he ate any nuts, he sues the restaurant for negligence. Discuss the types of damages Bob may recover