Reference no: EM133190574

Discussion 1

For this discussion, choose one of the scenarios listed below and determine the intentional tort that you think applies. Make sure to explain your answer, including the elements of the claim, why you think those elements are or are not present, and what other information you would need to make this determination.

• A group of people protesting a company's employment practices in the lobby of a building is surrounded by private security guards hired by the company.
• A teenager sends a joking message to his best friend telling him that there is a bomb in his basement.
• You accidently leave your personal journal at the local coffee shop. Another customer finds it and shares your innermost secrets on his blog, but never identifies you as being the writer of the journal.
• At a family reunion at your parents' home, you see Dave, a second cousin, place a very expensive bottle of wine in a duffle bag and quickly walk out of the backdoor. You quickly go to your father and tell him that Dave stole wine from the family wine cellar and your father calls the police. In reality, your mother told Dave to pick any bottle of wine as a belated birthday present.

Discussion 2

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 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.