i'm a second-year undergrad taking an intro business law course as part of a requirement for the business school.
i have a test on tort law tomorrow so i'm reviewing my notes, but i cannot make sense of anything i'm reading.
just to throw out some things i'm learning about
- substantial certainty test
- battery vs assault
- false imprisonment
- trespassing (to land, chattel, conversion?)
- 'duty' ?
- proximate cause?
it's not too hard to read, memorize, spit-out definitions.. but i'm having trouble putting it all together. also, the exam style will be that we will be given a hypothetical situation/story and will have to discuss and analyze any torts involved.
here is an example we received in class:
1. explain the difference between tortuous and negligent activity
2. analyze the elements of negligence related to each person
3. understand “proximate cause”
Chris is the manager of dairy products at Casey’s Supermarket. Chris’s job on Thursday was to stock the dairy cooler with all the fresh supplies that came in early Thursday morning. Chris loaded the “wheel dolly” with milk, cheese, cottage cheese, and yogurt. Chris then proceeded to pull the “dolly” toward the display cooler. As Chris turned the corner, a 3 pound tub of Large Curd Cottage Cheese fell off the dolly, splattered on the floor, and spread out along the aisle. Chris did not notice this occurrence and began loading the display case.
Ten minutes later Shopper was pushing his cart down aisle 9. As Shopper attempted to turn the corner into Aisle 10, he slipped on the Cottage Cheese causing the cart to be pushed forward. Shopper fell to the floor banging his elbow.
The cart shot forward and hit Mrs. Tulip as she bent over to examine the newly arrived Asparagus Tips. Mrs. Tulip was thrown forward and landed in the produce display. This caused a stack of bananas to fall to the floor. Rip, Dip, and Nip, all shoppers in the Store, proceeded to slip and fall on the banana peels.
Punk noticed the slipping shoppers and decided to have some fun. Punk got a running start and “sprawled out belly down” on top of the banana peels. Punk was traveling at 60 miles per hour down Aisle 11 and proceeded out the front door of Casey’s Supermarket. Punk broke his hand on the door.
A car driven by Sara, noticed Punk, and swerved to avoid hitting him. Sara hit a telephone pole, and banged her head on the dashboard, causing a cut above her left eye. The lamp on the top of the telephone pole broke loose and fell, hitting Pancho on the right shoulder. Pancho screamed and fell in pain.
Shopper, Mrs. Tulip, Rip, Dip, Nip, Punk, Sara and Pancho want to sue Casey’s Supermarket in Negligence.
Be prepared to orally discuss each person’s chance of success.
we get pretty silly stories but we need to apply the concepts we learned in class... according to my teacher, we'd have to identify the tort, and then "march down the elements" which i am having trouble doing.
so if anyone can help me out and/or point me to some resources i'd be so grateful!