TORTS AND NEGLIGENCE
iNTENTIONAL TORTS
California Consumers Co. purchased from S.L.Coker an ice distributing business in the city of Santa Monica. In the purchase agreement, Coker agreed that he would not engage in the business of selling or distributing ice either directly or indirectly in Santa Monica, so long as the purchasers or any later purchasers remained in the business. Imperial Ice Co. acquired the ice distributing business from California Consumers. Coker subsequently began selling ice in the same territory. The ice was supplied to him by a company owned by Rosner and Matheson on very attractive terms, because they wanted to break into the territory. Imperial Ice sued to obtain an injunction to restrain Coker from violating his original contract. Did Rosner induce Coker to violate his contract and were they therefore liable for the tort of wrongful interference with contractual relations? Explain. http://smallbusiness.findlaw.com/liability-and-insurance/tortious-interference.html
NEGLIGENCE
Negligence:
1) Isuzu Motors America, Inc. does not warn its customers of the danger of riding unrestrained in the cargo beds of its pickup trucks. 17 year old Donald Josue was riding unrestrained in the bed of an Isuzu truck driven by Iaone Frias. When Frias lost control of the truck, it struck a concrete center divider. Josue was ejected and his consequent injuries rendered him paraplegic. Josue files suit in a Hawaiian State court against Isuzu alleging that they had a duty to warn people not to ride in the bed of the truck unrestrained. Should Isuzu be held liable? Explain the theory of negligence and then apply it to the case. Be sure to discuss and possible defenses to the Plaintiff’s claim.
2) A water pipe bursts flooding a Small Business Company utility room and tripping the circuit breakers on a panel in the room. Small Business contacts Tom, a licensed electrician with five years experience, to check the damage and turn the breakers back on. Without testing for short circuits, which Tom knows he should do, he tries to switch on a breaker. He is electrocuted and sues Small Business for damages, alleging negligence. What might Small Business successfully claim in defense and why?
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