Instruction
Hi, Class:
This week, we have a chance to look at Torts and the way our legal systems defines civil wrongs. I have a tragic and interesting case that you need to read and then answer the questions before reviewing any other answers. (I can tell if you ignore this). The complaint should be in "Files". One of the parties is a friend of mine. He was not really involved in the case. I will explain later. After you answer the questions, which you need to do by class on Monday, you will then see what opinions others have on the questions, and see if you can persuade them a little one way or the other before the next Wednesday class. I have a Monday due date, but that is just so you will get the first part done on time. That means you have to log on, at least 3 times.
First, here are a few questions I want you to answer:
1. What are the elements of the intentional tort of battery? Was a battery committed here?
2. What are the elements of a negligence action (just list the four words)?
3. Is there a negligence action here? Answer that by listing the element, and then telling me what satisfied the element. Just look at each of the defendants, so you would say
1) Duty - M & A Trucking owed the Stewarts a duty to drive safe, and to secure the car on the carrier, Chase had a duty to . . .
2) Breach . . . ,
3) Causation . . . , and
4 ) Damages . . .
Here are the questions about this case:
5. Did M & A Trucking owe the Stewarts a duty? What duty did they owe them?
6. Did Chase Finance owe the Stewarts a duty? What duty they owe them?
7. Was it foreseeable that Chase could cause an accident that would harm the Stewarts?
8. If you were on the jury, which defendants, if any, would you hold liable and why?
9. Would you hold any of the defendants liable for punitive damages? What is the standard for punitive damages and what does the Supreme Court say about awarding punitive damages?
10. You are on the jury. Get out the checkbooks of M & A River Trucking, Hugo Paez and Chase Auto Finance and tell me how much you would compensate Tracy Stewart for the loss of her parents. Consider that if large damage awards are paid, it may or may not affect your insurance premiums.
Amount to recover from M&A Trucking $
Amount to recover from Hugo Paez $
Amount to recover from Chase Finance $
After you put in your answers, go and look at the others, and see what they said. Respond to at least three and argue the points or agree with them in a few sentences. Then, finally, see if someone has disagreed with you and respond to them.
Make your first response by class on Monday, and then your replies by Wednesday night at 12 PM. 7 points for good answers, 2 points for replies, and 1 point for your final comment. If no one replies to you, make a 3rd reply.
Good luck. Let's see what the jury says.