Learning Activity #2: Assignment

Please address the following fact patterns. Discuss any possible causes of action, specifically negligence (question 1) and intentional tort (questions 2 and 3) as well as all relevant defenses. The Chart in Chapter 7 on page 306, might help a bit.

I am not as interested in your conclusion (who will prevail in court), as I am in how you analyze the law to support your conclusions. Use the facts presented. If you believe that additional information is needed to render a conclusion, tell me that in your response.

For questions 2 and 3, look for multiple possible intentional torts to apply! Your answers are due in your Assignments folder by Sunday, at midnight. This assignment is worth two points.

1) Andrew was injured when his head struck a tree limb as he was water-skiing backwards and barefooted. Andrew sued Robbie, the driver of the boat that was towing him, for causing him to go too close to the riverbank and so that he hit the overhanging limb. A law states, “No person shall operate…any vessel, towrope, or other device by which the direction or location of the water skis…may be affected or controlled so as to cause them or any person thereon, to collide with, or strike against any object or person.” Does Andrew have a claim? Does Robbie have any defenses?  Discuss.

2) The Barrys moved into their home located in Bowie, Maryland in 1955 and built a fence around their yard in 1957. The fence encroached on the lot next door. Through the legal doctrine of adverse possession, the Barrys gained ownership of the encroached property in 1977. In 1980, the Spencers bought the house next door and asked the Barrys to move their fence even though the Spencers had no legal right to demand it. When the Barrys refused, the Spencers began a campaign of harassment that included cursing and threatening the Barrys, making obscene gestures and comments to them, reporting them for alleged violations of city laws, and throwing things and shooting things into their yard. They had Mr. Barry arrested for criminal trespass while he was moving his lawn inside of his fence but on the property claimed by the Spencers. Mr. Barry, who the Spencers knew had a heart condition, had to take heart pills and shook uncontrollably after the arrest. Do the Barry’s have a cause of action(s) against the Spencers?

3. Peggy, visiting from Maryland, left two diamond rings for cleaning at Jack’s Jewelry Store in Rapid City, South Dakota. Jack’s advertised free ring cleaning to the public. When Peggy returned for her rings, she found that Joe, a clerk, had mistakenly given them to another customer. Upset, Peggy started screaming, and was asked to leave the store. When she refused, demanding to talk to Jack, a security guard grabbed her by the arm and escorted her out of the building. She then sent a letter to the Rapid City Mercury, claiming Jack was a thief who would pretend to lose customers’ jewelry and then sell them on the black market. What claims would Peggy have against Jack and the jewelry store? What claims would Jack have against Peggy and the Rapid City Mercury? Explain.

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Status NEW Posted 07 Aug 2017 09:08 AM My Price 7.00

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