1. Assault and BatteryUnder what theory can an employee sue
1. Assault and BatteryUnder what theory can an employee sue her employer for merely touching her? Explain2. Intentional Infliction of Mental DistressIn business, the intentional infliction of mental distress tort has most often involved what type of situation?3. Invasion of PrivacyExplain the three principal invasions of personal interest tat make up invasion of privacy4. False Imprisonment and Malicious ProsecutionExplain the difference between false imprisonment and malicious prosecution. In what business situation does false imprisonment most frequently arise?5. TrespassIn 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.6. Conversion 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? Explain7. DefamationAcme 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.8. FraudFraud 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 RelationsYou 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 Sly10. 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? Explain11. Unreasonable Behavior – Breach of DutyIn 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 CausationExplain the difference between proximate causation and causation in fact14. Defense to NegligenceA 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 Tort15. 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 facts16. Ultrahazardous ActivityThrough 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? Explain17. Other Strict Liability TortsExplain when common carriers are not strictly liable for damage to transported goodsDamages18. Compensatory DamagesExplain the three types of loss that give rise to compensatory damages19. Punitive DamagesDuring 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
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