Premium Essay

Tort Crimes Assignment

In:

Submitted By miah87
Words 2276
Pages 10
TORT/CRIMES ASSIGNMENT
MGMT 310

INSTRUCTIONS:

Your assignment is to determine and analyze the claims and defenses for each party in the below referenced case problem and hypothetical lawsuit. IRAC/Analyze the following series of events using the information and laws contained in Chapters 5, 6, 7 and 8.

Be sure to state the Name of the Rule of Law and EACH of the elements of any stated allegations/charges (i.e. strict liability, assault, battery, or negligence) or defenses (i.e. comparative fault, strict liability, foreseeability, proximate cause, innocence, 4th Amendement, etc…).

Analyze the facts that support the elements of the allegation/charge or defense for each party. If you determine there are no claims and/or no defenses, please say so.

As an example, I have provided a sample analysis for Ocho Cinco. You will similarly address the same for each of the other “parties” or actors in the scenario.

This must be typed and turned in on or before the due date (as stated on WebCT).

CASE PROBLEM:

Ocho Cinco and Carmouche are employed by Dillenger’s Windows in Corrales, USA. Corrales has an ordinance in effect that states that:

All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding while being used and present on the scaffolding on floors above 5 stories.

Corrales Ordinance Section 001.02.2012

Ocho Cinco and Carmouche, employees of Dillenges, are working on scaffolding and washing windows on the 15th floor of Tiffany’s LLC building. Carmouche runs out of soap and asks Ocho Cinco to pass her a five (5) pound bottle of soap. The soap bottle is tied to Ocho Cinco’s toolbox.

Ocho Cinco unties the bottle and passes the bottle of soap to Carmouche. Carmouche misses the bottle and it falls to the ground. The bottle hits Brittany Pears on the

Similar Documents

Premium Essay

Legal Business

...Learning Outcomes This week students will: 1. Examine the elements of negligence and tort liability. 2. Compare appropriate punishment for corporations that commit crimes with appropriate punishment for persons who commit crimes that harm businesses. 3. Apply consumer protection law to a business situation. Introduction This week focuses on study of torts, criminal law, and consumer protection law (specifically, product liability). These are each different substantive areas of law that are relevant to business and business persons. Students will distinguish between criminal law and torts, including negligence and intentional torts. Students will also compare the differences between corporations that commit crimes and persons who commit crimes that harm businesses, and they will take a position regarding which presents the greatest threat to civil society, using current events to support their positions. In addition, students will also consider product liability arising from poorly regulated imports, and the impact of potential liability on U.S. companies. Students will also consider product recalls as a preemptory measure to mitigation liability. Students will identify and discuss the elements of negligence and a consumer protection statute. By the end of Week Two, students should understand the difference between crimes and torts, between negligence and intentional torts, and how the issue of product liability impacts businesses and consumers. Required Resources ...

Words: 924 - Pages: 4

Free Essay

Bus311 All Dqs Assignments and Quizzes

...BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase...

Words: 822 - Pages: 4

Free Essay

Bus 311 All Dqs Assignments and Quizzes

...BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES TO purchase this tutorial visit following link: http://wiseamerican.us/product/bus-311-dqs-assignments-quizzes-2/ Contact us at: SUPPORT@WISEAMERICAN.US BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS 311 Week 4 Business Ethics – Journal BUS 311 Week 4 DQ 1 Real, Intellectual, and Personal Property BUS 311 Week 4 DQ 2 Business Ethics BUS 311 Week 4 Multimedia activity Business Organization BUS 311 Week 5 DQ 1 Intellectual Property and Technology BUS 311 Week 5 DQ 2 The Global Marketplace BUS 311 Week 5 Final Paper BUS 311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week...

Words: 366 - Pages: 2

Premium Essay

Torts

...Kafi Hunter Torts Assignment Module 6 As a result of the crash, Farmer suffered several thousand dollars in damage to his land. Neither Dan nor Pilot suffered any physical injuries. 1. Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Intentional tort is a deliberate action to cause harm. The Pilot could not see if the land that she choose to navigate the plane for a safe landing had any crops therefore her intent was not deliberate to destroy the crops. However, the Pilot did trespass on the Farmers land. Trespass is considered an intentional tort and occurs when the violation of an exclusive possession is interfered upon. A trespass violation also gives the owner of the property the right to bring a civil lawsuit and collect damages as compensation for any harm suffered. The Pilot did not have permission to land on the Farmers land when landing the plane. The Pilot also destroyed crops with landing the plane. The Farmer does have a claim against the Pilot based on the intentional tort of trespass. 2. Does Dan have any claim(s) against Pilot for intentional tort? Discuss. Dan could claim battery against the Pilot because she intended to move him out of the way. Battery is an intentional tort and a crime because it is a harmful or offensive contact towards another person. Pilot asked Dan to move out of the way of the exit so that Pilot could leave the plane. Dan choose to remain seated until the Fire Department cleared...

Words: 394 - Pages: 2

Premium Essay

Business Law Notes

...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...

Words: 1831 - Pages: 8

Premium Essay

Acnb

...BTEC HND IN BUSINESS (FINANCE)ASSIGNMENT COVER SHEET | NAME OF STUDENT | BUI TRANG NGAN – NELLY | REGISTRATION NO. | F04 – 118 | UNIT TITLE | Aspects of Contract and Negligence for Business | ASSIGNMENT TITLE | Negligence | ASSIGNMENT NO | 2 of 2 (individual report) | NAME OF ASSESSOR | Mr. John Andre | SUBMISSION DEADLINE | 7 Jan 2012 | ------------------------------------------------- ------------------------------------------------- I, ______BUI TRANG NGAN_____ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) ...

Words: 1805 - Pages: 8

Premium Essay

Leg 565 Complete Course Leg565 Complete Course

...your decision. * Propose three distinct types of decisions that are issued by the U.S. Supreme Court. Discuss the implications of these decisions to business. LEG 565 Week 2 Discussion 1 "Types of Resolution" Please respond to the following: * Differentiate among arbitration and other non-judicial methods of alternative dispute resolution. For each method, offer one type of business case that might be settled in this manner. * Take a position on the pros and cons of e-Courts and e-Dispute resolution. Discuss whether or not you would prefer this method of settling your court case and state why. Determine what types of cases are best suited for e-Courts. LEG 565 Week 2 Discussion 2 "Types of Torts" Please respond to the following: * Differentiate between the types of torts and provide an example...

Words: 2165 - Pages: 9

Free Essay

Business Law

...with the basic laws governing contracts, torts, crimes, consumer protection, and administrative agencies. The nature and sources of law, the court system, alternate dispute resolution, and the U.S. Constitution will also be studied. To help students gain a sense of the broader legal environment of business. To help students gain a historical perspective on the development of law. To encourage students to think critically about the law and consider the ethical implications of business transactions. To help students view the law in the context of local, national, and global forums. To develop written and oral presentation skills in the study of law. Homework consists of written answers to the questions at the end of each assigned chapter. Unless otherwise stated, homework assignments are due on Tuesday of the week the chapter material has been assigned. Students must retain a copy of the submitted homework. Homework constitutes a minimum of 5% of the overall grade. Students will lose credit for the failure to timely submit homework (or the submission of incomplete or improperly prepared assignments). Each missed assignment will result in a deduction of 2% from the final grade. If the missed homework is thereafter submitted, the reduction will be 1%. Failure to submit three or more assignments will negatively impact the overall grade (a greater than 5% reduction). However, each student is permitted to miss one assignment without penalty. Attendance at each class...

Words: 726 - Pages: 3

Premium Essay

Business Law-201 Writing Assignment 1

...Lizbeth Gerena Business Law 201 Writing Assignment 1 Prof. Benichou May 3, 2015 Case Study 1 Crime: The students at Gigantic State University (GSU) committed several crimes when they decided to take over Dunfee Hall. The most dangerous was the assault with a deadly weapon (firearm). Whether it was real or just a play gun it was used to represent a real gun. The victim thought it to be real and she collapsed in a sobbing heal on her desk. The second crime that was committed that was the most alarming, was the hostage take over. They stormed the building and blocked Mr. Chandler in his office and would not let him out. Even though he was asleep in his office and had no knowledge of what was going on out side of his door, I believe he was still being held against his will. The third crime committed was burglary, entering a building or residence with the intent to commit a felony or theft. Let’s use the example of the students storming the building and preventing the secretary (Prudence) from calling the Campus Police and the fact that the phone was slapped from her hand. These three crimes were the most important and also most dangerous crimes committed. They are also part of what laws and rights were violated. Of course, the students do have the right to protest however, they do not have the right to put another person in harms way or threatened...

Words: 2057 - Pages: 9

Premium Essay

Law Outline

...Introduction This unit is designed for business students to give them a focus in law in the society and business environment. It deals with a panorama of the most important activities in the business law which will enable them to understand and function effectively in today’s business environment. Course target The target group for this unit is the undergraduate students pursuing the business studies as a course. Course delivery This course will be administered using lectures and group discussions. The students’ participation in group assignments will contribute to their final course grade. Learning outcomes By the end of this unit, it is expected that the students will be able to: * Identify the entities involved in business law * Know the criteria that company managers can use to make business law decisions. * Appreciate the sources of law in Kenya and constitution making * Appreciate the law of persons, law of contract, law of tort, law of agency and negotiable instruments and their respective applications in the business environment. COURSE PLAN week | course topic | key coverage | mode of presentation | Evaluation orExercise | One | Nature and functions of law in society and business environment | 1. Classification of law 2. Sources of law in Kenya * Constitution * Statute law * Delegated legislation * Statutes of general application | Lecture | Class attendance and presentation | Two | | * Common law * Equity law * Case law * Islamic...

Words: 660 - Pages: 3

Premium Essay

Courseoutline

...SCHOOL OF LAW Year 2015-16 Term 1 COURSE OUTLINE COURSE CODE: LGST101 COURSE TITLE: BUSINESS LAW Course Instructor: Justin Chan Junhao COURSE DESCRIPTION A. Revised on 8 June 2015 This is an introductory course designed to help non-law students acquaint themselves with the framework of Singapore’s legal system and to understand the legal environment within which businesses operate. A substantial part of the course is dedicated to contract law, as the making and performance of contracts form the rudiment of all businesses. Students will also be introduced to the law of torts, in particular the tort of negligence. Other legal areas and concepts which, at the instructors’ discretion, will be taught include privity of contract, agency, business torts, commercial crime, e-commerce law, law of business organizations, intellectual property and international legal aspects of business. Upon completion of the course, students should: Understand the framework of Singapore business law; Understand and be able to apply the methodology of legal reasoning; Be able to identify key legal issues in a given commercial scenario and apply principles they have learnt; and o Be able to take steps to manage legal risks. o o o B. PRE-REQUISITES None. C. TEXTS AND REFERENCE MATERIAL PRESCRIBED TEXT George Shenoy and Loo Wee Ling (gen. ed.), Principles of Singapore Business Law (2nd Ed, Cengage Learning, 2013) REFERENCE MATERIAL Andrew Phang Boon Leong...

Words: 975 - Pages: 4

Free Essay

Paper

...introducing the students to the basic principles of law applicable to the business world emphasizing ethics, the judicial system, contracts, sales, property, agency and business organizations. Goals and Objectives: The goal of the course is to provide the basic knowledge and understanding of legal theories and practical applications of rules/laws as they pertain to the decision-making aspects of administration and professional conduct in business. As a result, upon completion of this course, the student will be able to: 1.   Understand the value of legal counsel; 2.   Understand the origins of various legal systems; 3.   Differentiate among criminal and tort liabilities for businesses; 4.   Understand the formation of contracts, the nature and classes of contracts, their assignment and termination, as well as the completion functions of the Uniform Commercial Code and the CISG; 5.   Understand and apply the terms and conditions of sales and lease agreements; 6.   Have a working knowledge of the legal status of different business entities; 7.   Understand...

Words: 1140 - Pages: 5

Premium Essay

Motive Analysis

...Examines the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. Provides a survey of tort law, contracts and the UCC, and the federal and state courts. INSTRUCTIONAL MATERIALS Required Resources Bagley, C. E., & Savage, D. W. (2010). Managers and the legal environment:2010 custom edition (6th ed.). Mason, OH: South-Western Cengage Learning. Supplemental Resources Fischbach, J., & Fischbach, M. (2005). Rethinking optimality in tort litigation: The promise of reverse cost-shifting. BYU Journal of Public Law, 19(2), 317-351. Kalen, S. (2008). The transformation of modern administrative law: Changing administrations and environmental guidance documents. Ecology Law Quarterly, 35(4), 657-720. Ward, E. (2007). Mandatory court-annexed alternative dispute resolution in the United States federal courts: Panacea or pandemic? St. John’s Law Review, 81(1), 77-98. COURSE LEARNING OUTCOMES 1. Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. 2. Explain basic court procedures, types of courts, and alternative dispute resolution methods. 3. Describe the elements of a contract and explain the basic provisions of contract law relative to offer, acceptance, capacity, legality, fraud, third-party rights, performance, and breach of contract. 4. Explain the components of the Uniform Commercial Code (UCC) relative to sales and lease...

Words: 604 - Pages: 3

Premium Essay

A Manager's Handbook

...A Manager’s Handbook: “All people, regardless of race, religion or culture, harmoniously living and working together into the future”   Contents Introduction to Law and Business Ethics and Social Responsibility 3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms 4 Business and the Constitution and Administrative Law 5 Business Crimes, Business Torts, and Product Liability 6 Contracts 7 Business Structure and Securities Regulation 8 Business Property and Antitrust Law 9 Employment Law 10 Introduction to Law and Business Ethics and Social Responsibility Include in this section information from Assignment 1.2. BP Oil, crisis in the Gulf The careless and unethical approach that BP Oil practices when drilling for oil, led to one of the largest man-made disaster in history. The Gulf of Mexico has had devastating results due to BP’s lack of action in regards to emergency protocol. Though the spill has since been capped and controlled, the aftermath isn’t going anywhere soon, with new problems emerging daily from the spill itself and from cleanup efforts as well. The extent of damage is numerous, and will cost BP millions of not billions in awards from the many law suits that stand, as well as ones pending. BP will never be able to fully restore or recover what once was. 27,000 workers are presently involved with cleanup efforts; Scientists from all fields are giving advice as well. A major cause for concern for...

Words: 3472 - Pages: 14

Premium Essay

Criminal Law and Cyber Crime

...Criminal Law and Cyber Crimes Sara Bakerink Kaplan University LS311-03RP1 In law there can be different classifications of the same crime, theft for example. The classifications vary state to state as the section code is based on the state. For example in Iowa we do not have a state section code for Larceny. Robbery can be found under 711.1 and burglary can be found under 713.1. However, in other states larceny is listed in the state section code. For this assignment in Unit 3 there are three situations that involve Makoto's laptop computer being stolen. How the theft occurs is the factor that determines the type of crime that is committed. The classifications of theft crimes are larceny, robbery, or burglary. In situation one Sarah sees a laptop unattended on a porch and steals it. Sarah proceeds to show everyone the laptop calling it her own. This type of theft is known as larceny which is a property crime. Larceny is "the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession." (Miller & Jentz, 2008, p.128) "Note that a person who commits larceny generally can also be sued under tort law because the act of taking possession of another's property involves a trespass to personal property." (Miller & Jentz, 2008, p.128) In situation two Sarah sees Makoto outside with a laptop computer. Sarah holds Makoto at gunpoint and steals Makoto's computer...

Words: 498 - Pages: 2