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Business 107 Law Assignment

  1. Analyze the difference between the concepts of contributory negligence and comparitive negligence. Explain when each concept applies, the limitations on both concepts and how either action may be used by the defendant to reduce or eliminate their liability. [two (2) paragraphs]
  2. Explain the concept of premises liability. Include the concepts relating to the duty of care owned to trespassers, business invitees and licensees. [two (2) paragraphs]
  3. Review Question 11 at the end of the chapter. This may vary if you have a different version of the textbook, so please use the question that recounts the events of Kindrich v. Long Beach Yacht Club. Provide a one (1) paragraph analysis of the case and decide if the plaintiff was able to establish their claim. [one (1) paragraph]
  4. Marie’s Flower Shoppe owns and operates a flower delivery company. Last Tuesday, Marie’s company-owned van caused a serious auto accident when it hit a bus. Twelve passengers on the bus were injured and plan to sue Marie. Marie was using her cell phone at the time of the accident and was distracted.
    • Answer yes or no only: Will the plaintiffs be able to sue Marie’s Flower Shoppe based on the doctrine of strict liability?
    • Answer yes or no only: Will the plaintiffs be able to sue Marie’s Flower Shoppe based on negligence theory?
    • Answer yes or no only: Will the plaintiff be able to sue Marie’s Flower Shoppe based on an intentional tort?
  5. Tee owns a breakfast cafe at the Jersey shore, Pancakes by the Sea. Jay and Tee are best friends. Tee posts a a picture of Jay on social media, with the caption “Jay only eats at Pancakes By The Sea.” Jay has not given Tee consent to post this picture or caption.
    • Indentify the tort that most applies in this scenario.
    • Decide whether this tort is a defamation tort or a privacy tort.
  6. Meni Smith seeks treatment for a broken ankle at Central New Jersey Health & Wellness Inc. Meni’s doctor, Dr. Kellson, has treated Meni for over a year. Dr. Kellson was recently interviewed on NJ Radio, and during the interview Dr. Kellson explained that there were new medications that work well for injured bones. Dr. Kellson shares Meni’s full name and diagnosis in the interview. Meni has not provided permission for their doctor to share this information.
    • Indentify the tort that most applies to this scenario.
    • Explain why you selected this tort, and how it applies, in one (1) paragraph.

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