BE Chapter 12
Last Modified: 2013-02-12
In order to commit an intentional tort, a person must cause harm and
The duty of care requires you to
Jon is larger and stronger than Ben. Jon threatens to beat Ben, punches Ben in the face, and knocks out Ben's tooth. Ben may bring a lawsuit against Jon
Dale obtains permission to be on Spencer's land for one day to hold a four-wheeling event. Dale's truck breaks down, and instead of removing it, he leaves it on Spencer's property for several days after the event. Dale has most likely committed
Peter rents an apartment in a building owned by Roscoe. The sidewalks around the apartment building are in poor repair. Many areas of the walks have been buckled up by tree roots over the years. Roscoe
Luisa, in a hurry to get to her business law class on time, backs out of her garage without looking. Tony's car is parked in the driveway, and Luisa runs into it, causing $2,500 worth of damage. Tony may be able to prevail in a lawsuit against Luisa for negligence because she breached her duty of care, which requires her to act as a
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's air bags deploy, and both Sarah and Baylee were shook up, but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be
Scooter and Alex stand across a busy city street from each other and throw a baseball back and forth. Morgan drives down the street, and an inaccurate throw goes through Morgan's window, hits her in the face, and causes her to lose control and crash. She sues. The boys are most likely
Grieg manufactures high-quality knives for chefs. Jillian accidentally cuts herself with one of Grieg's knives and suffers a severe injury. Grieg's best defense against a lawsuit filed by Jillian is
Morrison put a large machine on a cart and removed the sides of the machine to work on it. While he was working on the machine, it fell over on him. Sears rushed to lift the machine and severely cut her hand. She sued Morrison, claiming that he was responsible for her injuries under the "danger invites rescue" doctrine. The court most likely found that Morrison was
A North Carolina regulation prohibits the placement of telephone booths within public rights of way and provides for criminal penalties. Despite this regulation, GTE placed a booth in the right of way near an intersection of two roads. Laura Baldwin was using the booth when an accident at the intersection caused a truck to smash into the booth. To recover for the serious injuries she sustained, Baldwin sued GTE. The court most likely found that GTE was
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