Blaw 320 Homework

BLAW 320

TORTS CASE STUDY 1

Paul has sued Dina and Mary, alleging tortious causes of action.

1. Is Paul entitled to recover against Dina for:

a. Assault? Discuss

In this case, Dina has acted the verbal threat to Paul at the beginning when she saw Paul was walking along the sidewalk that she told Paul that she will get Paul first. This probably will make Paul scared. It is a threat to Paul which can be mentally harmed to him.

Secondly, Dina used her bicycle to attack Paul. Even though she did not hit Paul, but to prevent the hitting Paul hurt him due the act of Dina. This could be the intent of assault.

b. Battery ? Discuss.

This could also be the intentional of battery when Dina tries to hurt Paul with her bicycle. She was intended to scare Paul. It was foreseeable that Paul tried to escape, but at the result he got hurt by Dina intent.

2. Is Paul entitled to recover against Mary:

a. On the ground that Mary was negligent as to Paul? Discuss.

I think in this case Mary does not have anything to do with her daughter act. If there is then I think it was only because she failed to tell Paul that Dina has mental illness. Dina has the ability to take medication herself, so this was Dina fault that she forget to take her pills.

b. On the ground that Mary is vicariously liable for Dina's conduct? Discuss

No, as I knew in the laws, the parents are not liable for the wrong doing of their children.

BLAW 320

TORTS CASE STUDY 2

Pam is suing Diner. Under what theory or theories might Pam bring an action against Diner, what defenses, if any, might Diner assert, and what is the likelihood Pam will be successful in obtaining damages for:

1) The loss of her purse, her cellular phone, and her emotional distress as a result of the robbery? Discuss.

I think this case is totally the fault of Diner. Diner has responsibility for general duty of due care to protect its customers from getting harm. The customers who come onto the...