Legal Environment of Business, Fall 2015
Exam #3—Intentional and Unintentional Torts
Upload the completed answer by 11:59 pm, Monday, November 9, 2015
Organize your answer into claim, evidence, warrant, and possible rebuttals.
Claim: Answer the call of the question
Evidence: What facts support your answer to the question?
Warrant: What law supports your answer? Include case law when possible and/or cite the source from the textbook.
Rebuttal: If there is a counter argument or a gray area you are concerned with, please include it in the rebuttal.
1. Intentional Torts: You Would Cry Too If It Happened To You.
High School Senior Janice went to a party at Chet’s house. After she put her coat in the closet, she saw her ex-boyfriend Linwood (they broke up via text an hour before) sitting on the sofa with his lips planted onCharmayne, her most hated classmate. “How can you have your lips on that prostitute? She’ll be selling herself on Watt Street downtown later tonight.” The packed party quieted and some people said “really.” The party began to laugh. Charmayne stood up and answered: “I’m no prostitute. Listen, don’t hate me because I am beautiful and you are a dog.”
Janice and Charmayne started walking toward each other. Chet grabbed Charmayne and Linwood grabbed Janice. “Get your hands off of me, Janice yelled at Linwood. “You are hurting me.” Janice pulled away and swung her fist, attempting to hit Charmayne, but she instead hit Chet. Charmayne had seen Janice’s flying fist and ducked. “Get out. Get out,” Chet yelled. Janice went to the closet to get her coat. As she began to put her coat on, Charmayne pushed her into the closet and shut the door. Charmayne would not let Janice out despite her pleas. She was inside the closet for 5 minutes. “Maybe Janice will tell us the real story about your father’s time in jail. That’s why Linwood broke up with her. He did not want to be around that family of criminals.” Janice’s father was a Prison Chaplin for many years.
Janice picked up a chair and charged Charmayne, but Janice tripped and dropped the chair. Then, Charmayne jumped on her and beat up Janice.
A. Completely analyze each statement made in the scenario and determine if each is or is not a Defamation issue.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
B. Analyze each assault or potential assault.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
C. Analyze each battery or potential battery and any defenses.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
D. Analyze any False Imprisonment Issues.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
E. Analyze one more possible intentional tort.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
2. Negligence: An Ethical Butt Whooping
Billy Packer is a sophomore business student and Stewart University (aka StewU). In his business ethics class, Packer was expressing his opinion about an ethical issue when another student, Lonnie McNeese, lost his temper and attacked Packer, banging Packer’s head against the floor until he became unconscious.Professor Lynnbloom, the ethics teacher, did not intervene in the attack. He yelled, “Stop. Stop” But he did not have a phone to call campus police.” Packer lingered in a coma for 30 days before waking with severe brain damage.
When he was arrested, Lonnie disclosed that he had been under the care of a University psychiatrist Headly Shrink after he had punched another student the previous semester. A medical examination showed that Lonnie had a mild schizophrenia, but the University decided that allow him to continue at StewU after the first altercation.Dr. Shrink had recommended that the University put Lonnie on forced medical leave for a year until he proves he is compliant with his medication and a therapy. But the University deemed the first altercation as partially provoked by the other student. The University ordered Lonnie to see the campus counseling center on a weekly basis. In one meeting, Lonnie said, “There’s a guy in my ethics that ticks me off. I want hurt him.” Dr. Shrink did not report the statement to the University or the police.
StewU policy reads: “Stewart University is committed to maintaining a safe and secure environment for students, faculty, staff and visitors. Threats or acts of violence against anyone on property owned or controlled by the university will not be tolerated. Such behavior may result in criminal arrest and prosecution and/or disciplinary action, up to and including dismissal, against the perpetrators whether they are students, faculty or staff.”
A. Assume that the University breached the standard of care, was it the actual and proximate cause of Billy Packer’s injury.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
B. Did Professor Lynnbloom have a duty to rescue Packer from the attack?
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
C. Make an argument that StewU has a duty to student Packer and breached that duty.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
D. Make an argument that StewUdoes NOT have a duty to student Packer.
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any
E. Did Professor Lynnbloom or the University have a duty to have reasonable emergency communications to protect students on campus?
Claim:
Evidence:
Warrant/Statement of Law:
Possible Rebuttal, if any