02/07/2010 18:59:55 true false false 6 07 false 1.1 false false false default_0.swf 12 Slide1 Welcome to Unit 2 MT311 1 Welcome to Unit 2 MT311 Professor Toni Starcher 720 540 false false 14 slide1.swf Slide2 Torts and Cyber TortsChapters 2, 4, 17 1 Torts and Cyber TortsChapters 2, 4, 17 In this Unit, we will examine torts. A tort is a civil injury to a person or her property. A tort can happen either in real or in cyber space. The injured party (the plaintiff) files a complaint against the defendant (the tortfeasor) seeking damages for the injury. Product liability is the legal liability of a manufacturer or seller of a product that, due to a defect, causes injury to the purchaser, user, or a bystander. Because of a backlog of cases in the American court system, many businesses are turning to alternative dispute resolution as a more immediate means of settling disputes. 720 540 false false 14 slide2.swf Slide3 Discussion 1 Discussion Find the recent Product Recall at the United States Consumer Product Safety Commission (USCPSC). Answer the discussion questions described below. Plaintiff: Product Recall: Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability, etc. If you state the law in your answer, be sure to cite your source of information. Discussion Be sure to answer the following questions: 1. Discuss whether you would sue the manufacturer based on negligence or strict liability. (pg 90,94)2. Identify potential manufacturer defenses. Explain. (pg 92)In your responses, be sure to:• Discuss the elements of strict liability and/or negligence. • Examine which doctrine you would utilize in a lawsuit against a manufacturer.• Discuss various defenses available under chosen Tort. 720 540 false false 14 slide3.swf Slide4 Assignment 1 Assignment As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence. In your paper, answer the following questions: 1. What are the factors that indicate whether Davis owed Esposito a duty of care? (pg 90, 91) 2. What do those factors indicate in these circumstances? In your responses to the above questions, be sure to :  Discuss the tort of negligence and how it applies to our facts. (90)  Discuss the duty of storeowner to protect customers from harm. (91) 720 540 false false 14 slide4.swf Slide5 Case Analysis 1 Case Analysis Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a home with HBW, it paid a fee and filled out a form that stated the following: “By signing below, you acknowledge that you… CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein.” HBW then issued warranty booklets to the new homeowners that stated: “Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW…shall be submitted to arbitration In responding to the question be sure to:  Discuss what courts are saying about the enforcement of arbitration clauses in contracts. Chapter 2 pg 50  Utilize the decision in the NCR Corp v Korala pg 51 Associates, Ltd. as a basis for answer. For more information on this case go to http://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf. Directions for Submitting Your Case Analysis: Before you submit your case analysis, you should save your work on your computer in a location and with a name that you will remember. Make sure your activity is in the appropriate format (Word), then, when you are ready, you may submit on the Dropbox page. Critical Elements: (This is incorrect wording) Discuss the approaches to ethical reasoning given in our reading material for this week. (Duty Based Ethics and Outcome Based Ethics) 720 540 false false 14 slide5.swf Slide6 The End 1 The End 720 540 false false 14 slide6.swf