Assignment

From Clarkson, Business Law (12th ed.)

 Exercise 7-1: Legal Perspective-Negligence and the Titanic

Instructions: The sinking of the Titanic in 1912, in which more than 1,500 passengers died, was a tragedy that time and again has been the subject of media attention, including the 1997 film that so vividly portrayed this event. The law offices of Anderson, Kill & Olick, P.C., have included on their Web site a mock trial in which the White Star Line, the company that owned the Titanic, is being sued in tort for negligence. Go to the URL given below and click on The Trial. This will take you to a page introducing the case, titled Jensen v. White Star Line. Read through the page, follow the links below as indicated, and answer questions listed below.

Visit URL:

Anderson, Kill, & Olick, P.C. (Links to an external site.)

Question 1: Describe the background and facts of the "case" being tried in this mock trial. Who brought the suit, and why? Is "the story," for the most part, true?

Question 2: Under the section, Negligence Law, read through the plaintiff's brief on negligence. What remedy was being sought in the suit? According to the plaintiff, what was the nature of the duty of care owed by the White Star Line to its passengers? How did the White Star Line breach this duty of care? Describe the plaintiff's allegations with respect to the other two elements of negligence law-causation and injury (damages).

Question 3: Go back to the page introducing the case by clicking on the "Back" button on your browser. Under the section Defense, read the article defenses to negligence. What defenses did the White Star Line raise against the allegation that it was negligent?

Question 4: If you were a juror in this case, would you find in favor of the plaintiff or the defendant? Explain your answer.