Reference no: EM133809376

Question

Assume Friday Carl was watching As the World Turns, his favorite soap opera, when suddenly the TV screen went black. Nothing he could do would cause it to work. Unfortunately, Carl did not have enough money to buy a new set. He decided to help himself to someone else's. He drove to the nearby Sleep Well Motel because he knew that they had recently purchased new 19" TVs. When he got to the motel around 5:00p.m., he waited in his car until he saw a lady leave her room, ice bucket in hand. She had left the door to her room slightly ajar. Carl quickly ran to the door, opened it, and saw the TV. He went over to the TV, unplugged it, and picked it up. He was about to leave when the woman unexpectedly returned. Knowing karate, she felled him on the spot and then called the office manager, who, in turn, called the police. The TV, which was purchased for $600 and had a resale price of approximately $400, was returned to its rightful place in the room. Carl has been charged with violating the following statutes: General Laws, chapter 228, section 1, Burglary is defined as the breaking and entering of a swelling at nighttime with the intent to commit a felony therein. General Laws, chapter 228, section 2, Theft or personal property over the value of $500 is a felony. Theft of personal property of a value less than $500 is a misdemeanor.

1. What is the question presented to the court?

2. What are the parties "fighting" about?

3. Whether the Defendant owed Plaintiff a duty of care?