BUSINESS LAW
BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 7, Problem 12CP
Summary Introduction

To discuss: Whether National bond committed the tort of wrong imprisonment.

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John Torniero was employed by Micheals Jewelers, Inc. (Micheals).  During the course of his employment, Torniero stole pieces of jewelry, including several diamond rings, a sapphire ring, a gold pendant, and several loose diamonds.  Over a period of several months, Torniero sold individual pieces of the stolen jewelry to G&W Watch and Jewelry Corporation (G&W).  G&W had no knowledge of how Torniero obtained the jewels.  Torniero was arrested when Micheals discovered the thefts.  After Torniero admitted that he had sold the stolen jewelry to G&W, Micheals attempted to recover it from G&W.  G&W claimed title to the jewelry as a good faith purchaser for value. Micheals challenged G&W’s claim to title in court.  Who wins?  Explain your reasoning.
Jolie, an employee of Tenholder, Inc., was drinking during her lunch break on Tuesday. When she got back to work, her boss, Brian, noticed that she had been drinking and sent her home for the remainder of the day, without pay. Brian instructed Jolie to leave her car at work and take a Taxi home and he would pick her up in the morning on his way back into work. Jolie disobeyed and drove home. On her way home, Jolie caused an accident. Is Tenholder, Inc. liable for the damages resulting from the car accident? Is there an agency relationship exists between Jolie and Tenholder, Inc?
The Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassings and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted “no trespassing” signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that the gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone. Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for…
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