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Negligence  and product liability are two of our main topics for this week.  Negligence is an unintentional tort because it happens by accident.  Product liability arises when one is injured by a defective product.

Consider the scenarios below. Choose one and  determine if it describes negligence or product liability. Explain your  answer and be sure to discuss the elements of any claims that may  arise.

  • Daisy  is driving in her car when her phone chimes. She picks up her phone and  sees a text from her friend. While responding to the text, Daisy runs a  red light and causes an accident.
  • Janet  just moved from Florida to Minnesota and is enjoying the scenery of a  beautiful snowfall when she sees a person slip and fall on the ice on  the sidewalk in front of her house.
  • Larry  is a lumberjack. He decides to purchase a new chainsaw. The first time  Larry uses the chainsaw, the product malfunctions and Larry is injured. ( You can choose any scenario please ) 1pg.  ( And i have this essay as well>  

Class:  LEG100380VA016-1204-001:Business Law I

Assignment:  What types of legal claims could Patty make against Cash Mart and Geoffrey?


In this assignment, you’ll need to decide whether Paula Plaintiff has  any legal claims arising from a series of unfortunate events. After  reading the scenario, answer the questions that follow, making sure to  fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is  looking for a new laptop, but she can’t find one she likes. Then,  realizing that she is going to be late for an appointment, she attempts  to leave the store, walking very fast. However, before she can leave,  she is stopped by a security guard who accuses her of shoplifting.  Paula, who has taken nothing, denies any wrong doing. The officer  insists and takes Paula to a small room in the back of the store. The  guard tells Paula that if she attempts to leave the room she will be  arrested and sent to jail. At this point, the guard leaves the room.  Paula is scared and waits in the room for over an hour until the manager  comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his  backyard. Geoffrey decides to break out his new driver and hits a golf  ball out of his backyard into the Cash Mart parking lot. The golf ball  hits Paula Plaintiff on the head and knocks her unconscious just as she  is leaving the store.

In a 6–10 paragraph paper, answer the following questions:
What types of legal claims could Paula make against Cash Mart and Geoffrey?
Consider the following:
What are the possible tort claims that Paula can make against Cash Mart?  Discuss the elements of the claim and how those elements relate to the  facts in the scenario.
Was Geoffrey negligent when he hit the golf ball that injured Paula?  Discuss the elements of negligence and use facts from the scenario to  support your decision.
If Paula files a negligence claim against Geoffrey will she file in  civil court or criminal court? Explain the difference between civil  court and criminal court.

This course requires the use of Strayer Writing Standards. For  assistance and information, please refer to the Strayer Writing  Standards link in the left-hand menu of your course.

In addition to your textbook, you have access to Nexus Uni through the  Strayer University Library. Please take advantage of this excellent  legal resource!

The specific course learning outcome associated with this assignment is:

Determine if a plaintiff can make legal claims based on the events in a given scenario.         Word Count: 0 Title Page


Class: LEG100380VA016-1204-001:Business Law I

Assignment: What types of legal claims could Patty make against Cash Mart and Geoffrey?

Student: William Shutes


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