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Tort Crimes Assignment

In: Business and Management

Submitted By miah87
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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...

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