Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Question
Chapter 7, Problem 3CO
Summary Introduction
To discuss: The four torts comprising invasion of privacy.
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Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.
Define and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages?
Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.
Chapter 7 Solutions
Smith and Roberson’s Business Law
Ch. 7 - Prob. 1COCh. 7 - Prob. 2COCh. 7 - Prob. 3COCh. 7 - Prob. 4COCh. 7 - Prob. 5COCh. 7 - Prob. 1QCh. 7 - Prob. 2QCh. 7 - Prob. 3QCh. 7 - Prob. 4QCh. 7 - Prob. 5Q
Ch. 7 - Prob. 6QCh. 7 - Prob. 7QCh. 7 - Prob. 8QCh. 7 - Prob. 9QCh. 7 - Prob. 10QCh. 7 - Prob. 11CPCh. 7 - Prob. 12CPCh. 7 - Prob. 13CPCh. 7 - Prob. 14CPCh. 7 - Prob. 15CPCh. 7 - Prob. 16CPCh. 7 - Prob. 17CPCh. 7 - Prob. 18CPCh. 7 - Prob. 19CPCh. 7 - Prob. 20CPCh. 7 - Prob. 21CPCh. 7 - Prob. 22CPCh. 7 - Prob. 1TSCh. 7 - Prob. 2TSCh. 7 - Prob. 3TS
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- The plaintiff, while dining at the defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. The plaintiff brings a cause of action. Should she prevail? Why?arrow_forwardA crime is a wrong that arises from a violation of a public duty, whereas a tort :arrow_forwardUnder vicarious liability, an employer is liable for the tort of an employee who is acting within the scope of employment. a. True b. Falsearrow_forward
- Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.arrow_forwardJohn Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…arrow_forwardIdentify and explain the key differences between Civil & Criminal Law.arrow_forward
- 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.arrow_forwardUnder what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?arrow_forwardWhat is the liability of the managers or owners of the establishment for the negligent act of their employees. What is an obligation under article 1156 of the civil code.arrow_forward
- Under the Law of Tort, with regards to the general principles of negligence what is the concept of duty, the standard of care, causuation, damages and contributory negligencearrow_forwardDamages are the amount allocated to the innocent party in the event of a breach of contract or any negligent acts committed by the defendant. However, one of the most important elements for any plaintiff to be successful is the need to establish that there is a causal relationship between the defendant’s acts and the plaintiff’s injury and loss. Requirements: Define and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages? Define and explain the concept of causation and its application to the plaintiff’s quest to get damages. Review the concept of the “but for principle”. You need to review three (3) case laws on this issue. The concept of causation however can be influenced by intervening acts and contributory negligence, which can break the chain of causation. You are required to discuss this matter with 3 supporting case laws. Note. Discuss via a few paragraphs, what was the issue, basic facts and the judgement.…arrow_forwardThe torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.arrow_forward
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