LAW2001 JWU IP Law and Patents

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timer Asked: Mar 31st, 2019
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Question Description

In answering this question, identify each potential tort committed and by who. Explain the elements of the tort and what facts lead you to believe the particular tort was committed. Next, state what defenses, if any, are available to the defendant who allegedly committed the tort. Explain the elements of the defense, what is required to prove the defense is available and facts support your position.

Example: Brian walked up to Danny and punched him in the nose. Danny tried to duck but was hit anyway.

Example Answer: Brian committed two potential torts. First, Brian committed Battery. Battery is the unprivileged intentional touching of another. Brian committed this tort when he punched Danny in the nose. The second tort Brian committed was Assault. Assault is creating a reasonable apprehension or fear in another of an immediate battery. Since Danny tried to duck, it shows he was apprehensive of the punch (the battery). There are no defenses for Brian's actions.

Assignment Number 2 Fact Pattern:

Kristi was late for work on her first day. Wanting to set a good impression, she felt she had to find a way to make it to the office on time. As she is walking down the street, she saw a bicycle on Mariah’s lawn. Mariah owed Kristi $80 but had never paid her. Kristi decided if she were to ride the bike to work, she may not be that late. Plus, Kristi figured the bike was worth about what Mariah owed her and it would only be fair for her to borrow the bike. Kristi walked onto Mariah's lawn, picked up the bike, and rode it to work.

Kristi made it to work with just a minute to spare. She jumped off the bike and ran into the office building. However, in jumping off the bike, she also flung it down the sidewalk. Jolie, who was not late to work but was outside enjoying a cigarette, saw the bike come flying at her. Jolie tried to move out of the way but was hit in the leg by the bicycle. The result of the incident was a broken leg for Jolie.

As Kristi ran into work, she slipped and fell on a puddle of water. Brittany, the office janitor had just mopped the floor. However, she failed to put down a wet floor sign to warn those entering the building. As a result of the fall, Kristi suffered a sprained ankle.

IP LAW

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ASSIGNMENT/CASE STUDY RUBRIC This rubric is used to grade the 3 approximately 250-word assignments (each worth 100 points) Answer (45 Points) • • • • • • Did the student address all the points of the assignment? Was the student’s position correct? Did the student fully explain the position taken? Was the student clear on their position. Did the student express themselves professionally, using appropriate word choice and formality as expected in academic writing? Was the answer approximately 250 words or more. Legal Support (45 Points) • Did the student support the position with references and citations to the applicable law? • Did the student use the correct law to support his/her position? • Did the student fully explain the position taken? Spelling/Grammar (10 Points each) Late Work – minus 50% of points earned • if you would have earned a 90 on the work, the grade posted will be a 45 There is an example short paper question and submission below. EXAMPLE Assignment: A limiting statute requires that a hotel post the necessary notice in the registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in the registration area and in Guest rooms but fails to post in the lobby, will the hotel be entitled to limited liability? Why or why not? Answer: In this example, the hotel would not be entitled to limited liability. In order to receive the protection of a limiting liability statute, hotels are required to strictly comply with the statutory requirements. See, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr Therefore, the hotel in this situation would forfeit its ability to rely on the limiting liability statute and be held responsible under the common law rule. The common law rule with respect to hotels and lost or damaged property is one of absolute liability. https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 423. There are three exceptions to absolute liability. If the loss was caused by an act of God, an act of a public enemy, or the guest’s own negligence, the hotel would not be liable. Therefore, failure to follow the law precisely will result in loss of the statutory protection and full liability under the common law. Here, the hotel did not strictly comply with the statutory requirements. https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 431-433. Here, the hotel failed to post the sign in the lobby (as required by the limited liability statute); thus, the hotel would be fully liable for any valuables lost, damaged, or stolen. It is not sufficient to post in two of the three locations required by law. The hotel must post in all the locations required and post the notices conspicuously where guests can easily read the limitations under the law as it pertains to their property. In some jurisdictions, it may also be necessary to post the warnings regarding limited liability in foreign languages if it is reasonable to suspect that someone who speaks another language may use the premises. In addition to where the notices must be posted, the law requires that the dollar amount that the guest would be limited to recover from the hotel also be listed in the notices and that. The hotel here would bear full liability for any loss that may occur given the failure to comply. ...
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