Do they match or are there missing elements

Assignment Help Business Law and Ethics

Reference no: EM133282410

Question: Carefully read the facts of the case below and tease out who is your Plaintiff and who is your Defendant. Toss out any distracting information or "red herrings." Think about tort legal theories (e.g. battery, negligence) and start to apply facts to the elements of causes of action. Do they match or are there missing elements? Any defenses for your defendant?

Remember when you do the analysis that this is for practice - so it's OK if it's not perfect.. Think of this as preparation for the midterm.

Torts Hypothetical - Just the Facts:

Davide, a business student, is (also) a passionate CUTCO knife salesman. One day Davide goes to the Sausalito home of an elderly widow named Penelope. Penelope invites Davide into her well appointed living room with a lovely view of the SF Bay and after Davide gives his initial sales pitch, she curtly tells Davide that she is not interested in any substandard cutlery and asks him to leave pointing her freshly manicured index finger at the front door. In response, Davide starts wildly waving one of the CUTCO butcher knives in Penelope's face and forces her to sit down on her BOSU ball while emphatically repeating his sales pitch, yet again for another 20 minutes before leaving.

What torts (if any) did Davide commit?

If Penelope ends up signing a contract to buy $1,000 worth of CUTCO knives, could she have the contract rescinded? (Use your best judgment since we have not studied contracts yet!)

Reference no: EM133282410

Questions Cloud

Are there command and control policy available : Are there command and control policy/policies available to government to solve this problem of pollution? Elaborate on this method

How to help first nations communities in canada : How to Help First Nations Communities in Canada? The majority of indigenous people of Canada have endured discrimination and lived in poverty for years

Explain to adam whether he is likely to be allowed : Explain to Adam whether he is likely to be allowed to buy the farm either alone or in partnership with Bianca

Moral aspect of human condition : When discussing the moral aspect of the human condition, it is said that a dog dressed as a baby is no longer an "authentic" dog.

Do they match or are there missing elements : BL MISC City College of San Francisco start to apply facts to the elements of causes of action. Do they match or are there missing elements? Any defenses

Knowledge of operations help foster career ambitions : What is your experience with operations? How will the knowledge of operations help foster your career ambitions?

Analysis of andrew and sarahs goals : BUSINESS RFC222 Seneca College case study and prepare an analysis of Andrew and Sarah's goals and concerns, along with questions

Describe where she is in the start-up process : Case Study - The Eye Form - Should Punya progress her idea, describe where she is in the start-up process

Focuses on understanding marketing research : This focuses on understanding marketing research. What is marketing research? How has increased use of the Internet affected marketing research?

User Account

All Pages