Business Law MT-311

 Unit 2 Torts and Cyber Torts  Reading:  Chapter 2, Traditional and Online Dispute Resolution, pp. 33–54 Chapter 4, Intentional Torts to Persons, pp. 82–90, Unintentional Torts (Negligence), pp , and Cyber Torts, pp. 94–96.  Chapter 17, Product Liability and Defenses to Product Liability, pp. 330–336.  Doc sharing

 Discussion: Every student will have the same recall.  Find the recent Product Recall at the United States Consumer Product Safety Commission (USCPSC). Answer the discussion questions described below. Plaintiff: Product Recall: Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability, etc. If you state the law in your answer, be sure to cite your source of information. Be sure to answer the following questions: 1. Discuss whether you would sue the manufacturer based on negligence or strict liability. 2. Identify potential manufacturer defenses. Explain. In your responses, be sure to: Discuss the elements of strict liability and/or negligence. Examine which doctrine you would utilize in a lawsuit against a manufacturer. Discuss various defenses available under chosen Tort.United States Consumer Product Safety Commission

 As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show’s  producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with  Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip.  After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a  federal district court against Davis and others, alleging negligence.  In your paper, answer the following questions:  1. What are the factors that indicate whether Davis owed Esposito a duty of care?  2. What do those factors indicate in these circumstances?  In your responses to the above questions, be sure to :   Discuss the tort of negligence and how it applies to our facts.   Discuss the duty of storeowner to protect customers from harm.  Page 90

 Duty: do we owe a duty?  Causation: what was the cause of the incident  Breach : was this duty breached?  Damages : how much damage/cost occurred  NOTE: These are elements. You must have ALL elements to sue under this theory.  For example: car accident  Let’s talk about a negligence claim

 The Case: Actual case  Review the following case. Prepare an analysis that will demonstrate your ability to both answer the  questions presented and incorporate theories and concepts from this week’s material.  Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple  defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new  home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a  home with HBW, it paid a fee and filled out a form that stated the following: “By signing below, you  acknowledge that you… CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE  BINDING ARBITRATION PROVISION contained therein.” HBW then issued warranty booklets to the new  homeowners that stated: “Any and all claims disputes and controversies by or between the Homeowner,  the Builder, the Warrant Insurer and/or HBW…shall be submitted to arbitration.”  Would the new homeowners be bound by the arbitration agreement, or could they sue the builder,  Osborne, in court? (Baker v Osborne Development Corp., 159 Cal.App.4th 884,71 Cal.Rptr.3d 854 (2008)  Page 51  In responding to the question be sure to:   Discuss what courts are saying about the enforcement of arbitration clauses in contracts.   Utilize the decision in the NCR Corp v Korala Associates, Ltd. Page 51

 Select the correct dropbox ◦ Assignment ◦ Case Analysis ◦ We have a late policy  20% off for 1-7 days  30% off for 8-14 days  No credit  No late assignments will be accepted in Week 10

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 Have a Great week!!  me with any questions… ◦ I’ll see you in the discussions