Unit 3_Business Law I - BUS203_Section 503

Monica was shopping for a new phone when she was detained for suspicion of shoplifting. The detention lasted for 6 hours. If the store manager asserted that he had the right to detain Monica under the shopkeeper's privilege. What does the shopkeeper's privilege require with respect to the length of a detention? 1. The store can only detain the customer for a reasonable amount of time. 2. The store must give the customer a Miranda Warning before questioning him or her. 3. The store can use leg and arm restraints to detain a customer suspected of shoplifting. 4. The store must obtain a confession from the suspect to prove that a theft has occurred.

1. The store can only detain the customer for a reasonable amount of time.

Retired utility workers are suing their former employer for knowingly exposing them to asbestos without warning them of the health risks. The retired workers did not learn of the prolonged exposure until long after their retirement because the company engaged in a systematic cover up of the exposure. The retired workers' cause of action is for which of the following? 1. Injurious falsehood 2. Tortious interference 3. Battery 4. Assault

3. Battery

A manufacturer sold space heaters with faulty thermostats. As a result, several customers were injured when their space heaters caught fire. Under what legal theory will the space heater manufacturer be held liable for the customers' injuries? 1. Assumption of risk 2. Malpractice 3. Strict liability 4. Negligence

3. Strict liability

A motorcycle bar hosted an all you can drink "chugging" contest for its patrons. Later, one of its patrons caused an accident that injured a road worker. Under what legal theory will the motorcycle bar be held liable for the road worker's injuries? 1. Tortious interference 2. Conversion 3. Strict liability 4. Attractive nuisance

3. Strict liability

Exaggerated seller's talk used to attract customers is known as 1. duty 2. tort 3. puffery 4. Proximate

3. puffery

Assault and battery require the same intent to do which of the following? 1. Commit an invasion of the plaintiff's privacy 2. Commit a fraud upon the plaintiff 3. Cause apprehension in the plaintiff 4. Cause offensive contact with the plaintiff

4. Cause offensive contact with the plaintiff

Homeowner Jacqueline is suing Clean Carpetz, Inc. over a black mold problem stemming from a failed attempt to shampoo her living room carpet. The jury found that Jacqueline was partly responsible for the black mold problem because she did not install proper under padding for her living room carpet. The jury also found Clean Carpetz, Inc. partly responsible for the black mold problem because it failed to adequately dry the shampooed carpet after cleaning. Break down this case by applying tort law to the scenario. A. Who is the plaintiff? B. Who is the defendant? C. What is the tort that has been committed? D. What are the four tort elements? E. Review the fact pattern and explain how each of the four tort elements is represented. F. Predict the outcome of the scenario. G. Explain the basis for your response.

A. Who is the plaintiff? -- Jacqueline B. Who is the defendant? -- Clean Carpetz, Inc. C. What is the tort that has been committed? -- Negligence D. What are the four tort elements? -- 1. Duty of Care 2. Breach of duty 3. Causation 4. Injury E. Review the fact pattern and explain how each of the four tort elements is represented. -- 1. Duty of Care; Clean Carpetz Inc. had a duty of care to clean and properly dry the carpets properly. 2. Breach of duty; Clean Carpetz didn't dry the carpet properly after cleaning it. 3. Causation; because they were negligent, by not drying the carpet correctly, black mold developed under the carpet. 4. Injury; black mold causes serious health issues and it developed because the company failed to complete their job correctly. F. Predict the outcome of the scenario, -- Both parties will be held accountable for their part in the development of the mold. G. Explain the basis for your response. -- Jacquline will be found partially at fault for her part in not having the carpet installed properly in the first place. Clean Carpets, will also be found guilty for their part in the black mold issue. Jacqueline's monetary responsibility will be calculated and deducted from the awarded responsibility of Clean Carpetz. If the amounts don't cancel each other out, Jacquline could receive any amount left over for damages incurred.

Dominick is a tax preparer. His former client named Yasmine is suing him over a hacked bank account from which thieves stole $2,500. The whole problem began with the electronic card reader Dominick used to process payments he received from his clients. At the start of tax season, Dominick received an email from the card reader company regarding an important software update. Dominick was so busy with clients that he forgot all about the software update. In April, Dominick was notified once again that the software update was overdue. By the time Dominick updated the software, Yasmine's account information had already been compromised. Now Yasmine is suing him to recover the money hackers stole from her bank account. Determine Dominick's tort liability by applying tort law to the facts of the case using the template below. A. Who is the plaintiff? B. Who is the defendant? C. What is the tort that has been committed? D. What are the four tort elements? E. Review the fact pattern and explain how each of the four tort elements is represented. F. Predict the outcome of the scenario. G. Explain the basis for your response.

A. Who is the plaintiff? -- Yasmine B. Who is the defendant? -- Dominick C. What is the tort that has been committed? -- A tort of negligence D. What are the four tort elements? -- 1. Duty of Care 2. Breach of duty 3. Causation 4. Injury E. Review the fact pattern and explain how each of the four tort elements is represented. -- 1. Duty of Care; Dominick had a responsibility, or duty, to keep Yasmine's personal banking information secure. 2. Breach of duty; Dominick didn't keep his security software up-to-date which lead to the breach of his system and Yasmine's information being stolen. 3. Causation; Yasmine's banking information was stolen from Dominick's computer resulting in the theft of $2500.00 from Yasmine's account. 4. Injury; If Dominick had updated his computer in a timely manner, his security software would have been up-to-date and Yasmine's account information would not have been stolen resulting in the theft of the $2500.00 in question. F. Predict the outcome of the scenario. -- Dominick will most likely be found guilty G. Explain the basis for your response. -- It is Dominick's responsibility to ensure his online business software of secure for his clients. Because he was negligent in completing his update in a timely manner, he left his clients open to theft. Ask the "But-for" question. If Dominick had paid attention to his software updates, would Yasmine have suffered a theft of $2500.00? The answer is no. She would more than likely not have had her account stolen from her had Dominick been responsible enough to keep his software up-to-date.