Law of evidence

Torts Assignment 2
#2 For each scenario, students must carefully review the client’s case facts and decide, if the client is seeking to file suit, what tort claim(s) may exist and the elements of those tort(s). If, on the other hand, the client has been sued, determine what defenses to tort may exist and the requirements for those defenses. Remember, a client may have NO claim or defense, so, examine the facts carefully to correctly assess your client’s case. Incorporate on point statutory and case law research to support your conclusions. Prepare your submission in memo format. Case #1 Moran v. Franks, Inc. Your client, Rick Moran, wants to file suit for injuries he alleges occurred as the result of riding the ‘ Bat Outta Hell ‘ rollercoaster at Seaview Park, Amusement Park, owned by Franks, Inc.. Rick says he fell out of the coaster on an upside down turn, due to a failure of the seat bar to hold him in the seat. Medical reports indicate two broken ribs and a sprained neck resulting from physical impact. Investigation shows the coaster car Rick was in had a loose safety bar which had not been inspected as required by city ordinance. Investigation also indicated Rick was standing in the car at the time of the accident, a violation of ride rules. Case #2 Harvey v. Schmoltz Your client, Elvira Schmoltz, was recently sued by Bart Harvey based on her statements to a PTA meeting, with over 50 members in attendance, that ‘ Bart is a poor father and a pedophile who enjoys sex with minor children. ‘. There is no independent evidence Bart has engaged in any such conduct and, to the contrary, Bart is a model father to his 2 sons. Witnesses at the meeting confirm the statement was made. Bart does have a prior conviction for speeding and for trespass on Elvira’s property over 10 years ago. Case #3 Rhand Corporation v. Justine Rhand has hired your firm to sue Emil Justine based upon Justine’s filing of a baseless lawsuit last year alleging that Rhand’s subsidiary served a soft drink which was too cold, causing an alleged stomach irritation. Justine ultimately produced no evidence to support his claim, after strenuously trying to settle the case with Rhand for several months before the case was ultimately dismissed in Rhand’s favor on a motion for summary judgment. Rhand suffered over $75,000 in legal fees and other expenses related to defending the case. Justine even confided in one of Rhand’s employees that he was hoping to get ‘ anything he could to get Rhand back for firing him a year earlier.’.
Points: 100

Last Completed Projects