Objectives

The objectives for week one include a basic overview of tort law in Chapter 6 as well as an introduction to how tort and product liability law applies to business in Chapter 7.   In Chapter 6, you need to know the two broad categories of torts, they are, Intentional Torts and Negligence.  You should know the elements of each intentional tort as well as all of the elements of negligence.  The most important cases to note in Chapter 6 are:   Squish LaFish, Palsgraf v. Long Island Railroad, and Fuerschbach.  In Chapter 7, you need to have a basic understanding of the particular torts that you will deal with in business situations and know all of the elements of those torts.  Product Liability is a very specialized area of the law.  You need to be aware of how issues and problems in manufacturing and selling products gives rise to injuries and causes businesses who manufacture those products to be involved in litigation, sometimes extremely expensive litigation.  Know about strict liability based on warranties as well as liability based on defective products including manufacturing defects as well as failure to warn and design defects.  The most important cases to note in Chapter 7 are: Parish v. ICON, MacPherson v. Buick and Greenman v. Yuba.  These two chapters are designed to support general objectives 1, 2, 3 and 4 in your syllabus

Read Chapters Six and Seven-pay particular attention to the "test yourself" segments.

Do the Assignments listed below for each chapter

Chapter 6 - On page 141, write a brief paper on the discussion question.  Must be at least 800 words on the topic of "Are most accidents and injuries covered by tort law?" and "Why or why not?"  This assignment is directly related to the objective regarding the category of negligence Torts and you should discuss the elements of negligence torts.  It would be a good idea to discuss at least some defenses to negligence torts, as well.   

Also, do case question #2 on page 141, Newsom v. Thalhimer Brothers, 901 S.Wd.2d 365, Ct. App., Tenn. (1994).  Here is a link to the case.  You may have to copy and paste some of the links I give you:  https://law.justia.com/cases/tennessee/court-of-appeals/1994/901-s-w-2d-365-2.html.  Answer the question thoroughly about whether or not the Plaintiff had a case for false imprisonment and tell me why or why not.  Remember, these cases thoroughly discuss the subject matter and there is a correct answer.  You can certainly express your opinion about whether or not the answer that the court came up with was justified, but when you discuss what the court held, then tell me that and tell me why they held as they did.  This case is a good discussion of intentional torts and their impact on business.  

Here is a good link to essay writing tips for college students:  https://blog.udemy.com/college-essay-format/

Chapter 7- Do all of the terms to know on page 163 and case questions  4 and 8 on page 164.  The terms are all directly related to torts that affect businesses and support General objectives 2, 3, 4, 5 and 7 in your syllabus. 

Case question 4- Azar v. Leigh Corp., 364 So.2d 860, Dist. Ct. App., Fla (1978).  Here is a link to that case:  https://www.leagle.com/decision/19781224364so2d86011016.  This case is a good discussion regarding the tort of Interference with business relations and Interference with a contract.  Answer the question about what tort would apply in this situation and thoroughly discuss the torts that I just mentioned.  Also tell me why that would be the legal theory by which to sue the defendants.  Tell me what the court held and why the court held as it did.  

Case question 8-Todd v. SocieteBic, 21 F.3d 1402, 7th Cir. (1994)-https://openjurist.org/21/f3d/1402/todd-v-societe-bic-sa  This is a sad case involving the death of a 2 year old child.  It is a good discussion of Strict Product Liability and Defective products law and is a cautionary tale to businesses which manufacture products that have a huge potential to be dangerous.  Thoroughly discuss the result in this case and tell me why the court held as it did.  

Complete the introduction discussion.  Make one original statement and reply to two classmates for up to three (3) bonus points.  Note:  in a class worth 100 points, this could make the difference between a "B" and an "A"  (you have until November 14th to complete this extra credit assignment)

All  other assignments will be due October 30th by 11:59 p.m. and I will not accept them late