Negligence, law homework help

User Generated

zbafgre15

Business Finance

Description

Negligence

Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence? (Be sure to go through all the negligence elements.) Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee. What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence.

The requirements below must be met for your paper to be accepted and graded:

  • Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.
  • Attempt APA style, see example below.
  • Use font size 12 and 1” margins.
  • Include cover page and reference page.
  • At least 60% of your paper must be original content/writing.
  • No more than 40% of your content/information may come from references.
  • Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.

Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page.Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable.

A detailed explanation of how to cite a source using APA can be found here (link).

Download an example here

Grading Criteria AssignmentsMaximum Points
Meets or exceeds established assignment criteria40
Demonstrates an understanding of lesson concepts20
Clearly presents well-reasoned ideas and concepts30
Uses proper mechanics, punctuation, sentence structure, and spelling10
Total100

8 hours ago

Unformatted Attachment Preview

Intellectual Property This lecture will cover material from chapter six of the text on intellectual property law. There are three main types of intellectual property protection that we will cover: trademarks, patents and copyrights. A trademark is a distinctive word, name, mark, motto, device or emblem that is stamped, printed or affixed to goods so that consumers may easily identify them on the market. This identification allows producers to capitalize on what ever value is associated with the mark, and it allows consumers to quickly ascertain the origin of the goods in question. For example, McDonald’s trademarked golden arches quickly give consumers an idea of the food they can get at the restaurant. At the federal level, this protection is provided by the Lanham Act. The Lanham act prohibits trademark infringement. This is defined as marks which create a likelihood of confusion. For example, a restaurant names McDonnel’s with a golden arch may confuse potential consumers about whether they are going to McDonald’s. However, the consumer may not be confused by an Automotive Repair shop with the same name due to the fact that McDonald’s is not known for automotive repair. The Lanham act was amended in the 1995 to provide for a new cause of action known as dilution. Dilution allows a markholder to prohibit others from tarnishing or blurring the mark if certain prerequisites are met. For example, under the previous example, McDonald’s may have a claim against McDonald’s Automotive repair shop under a dilution theory if McDonald’s can prove that the repair shop is tarnishing their brand (perhaps by producing a substandard product) or by blurring it (by making the McDonald’s name less distinctive). Finally, it’s important to note that marks are categorized by type. Some types of marks are considered to be stronger than others. Arbitrary and fanciful marks are the strongest. Fanciful, suggestive, and arbitrary (common words not ordinarily associated with the product) trademarks are generally considered to be the most distinctive. Marks that are merely descriptive, including names and geographical regions are not trademarkable without a showing of secondary meaning. Secondary meaning arises where consumers start to think of the product name before the original meaning. Patents are an exclusive right to make, use and sell an invention for twenty years. In order to acquire a patent, the inventor must apply for one with the U.S. Patent and Trademark office. This application requires the inventor to show (among other requirements) that the invention, discovery, process, or design is genuine, novel, useful, and not obvious in light of current technology. This patent gives the owner the right to sue for infringement of the idea. A successful suit would entitle the plaintiff to injunctive relief or damages. The final type of intellectual property we will discuss is copyright. A copyright is an intangible right granted by the Copyright Act. The author of a work gains these rights automatically though registration with the U.S. Government does give the author certain additional benefits. Currently, this protection lasts for the life of the author plus 70 years, and literary works, musical works, dramatic works, and other similar works will all qualify for protection. Again, the owner of the copyright is entitled to sue for copyright infringement. Infringement occurs when the form or expression of an idea is copied in substantial part. The remedies for this infringement range from the infringer's profits to injunctions demanding the cessation of infringement. Torts This week’s lecture will cover torts. In some ways, torts are similar to crimes. Often, there is a wrong committed, and indeed, many crimes also include the commission of a tort. In fact, a tort also consists of elements each of which must be proven true by a preponderance of the evidence (this means that it is more likely than not that the elements are satisfied). However, as touched upon last week, a tort is a civil action where the plaintiff brings a suit against the defendant. As a civil action, the state is not a party and jail time is never at issue in a tort action. This does not mean that torts are not a controversial issue. The infamous McDonald’s coffee case, where a woman successfully sued McDonald’s for hot coffee spilt in her lap, has become one rallying point for people decrying the excesses of the tort system. And many prominent commentators view tort reform is a serious issue in this country. However, this lecture will mostly avoid addressing these complexities and will instead focus and further explaining what torts are. We will discuss two broad categories of torts: intentional torts and negligence. As we continue, please note that these torts consist of elements. The plaintiff must prove each of these elements in order to be entitled to a judgment. The first type of tort is an intentional tort. These torts require proof on intent. For these purposes, intent means that the defendant intended the consequences of his actions or knew with substantial certainty that certain consequences would follow from the act. Battery is an example of an intentional tort. Battery requires proof of an unexcused, harmful, or offensive touching to the body or something touching the body and intent. Thus, if the defendant pushes the plaintiff, the defendant is liable for battery if the conduct was unexcused and the defendant intended to push the plaintiff or knew that his actions would lead to the plaintiff being pushed. The second type of tort we need to discuss is negligence. Negligence is a very important tort. The elements of the negligence tort are: 1) existence of a duty of care; 2) the breach of this duty; 3) a legally recognized injury; and 4) the breach of the duty must cause the injury. Although this area of law has a significant amount of complexity, the important issue to recognize in relation to negligence is that the law generally imposes a duty to act reasonably. This duty is owed to those who may be foreseeably injured by a failure to act reasonably. For example, a motorist carrying a passenger owes duties to drive reasonably to other motorists and his passenger as these people may be injured if the driver is not paying sufficient attention to the road. Reasonably in this context is an objective standard. It is the answer to the question: how would a reasonable person act in the same circumstances? This tort differs from intentional torts due to the lack of the intent requirement. It does not matter for purposes of negligence whether the defendant intended to cause the injury. What matters is whether the defendant should have been aware his conduct could lead to injury. In these cases, often a jury will be required to determine what a defendant should have been aware of. The final element to discuss is causation. There are two types of causation. Causation in fact is satisfied if it can be shown that the injury would not have occurred without the breach of the duty. Proximate cause is a legal standard that works to cut off liability if it would be unfair to hold a negligent defendant liable for an injury where there is an insufficient connection between the act and the injury. Courts often use foreseeability to determine if this standard has been met. If the plaintiff’s injury is not a foreseeable result of the defendant’s negligence, there is no proximate cause, and the defendant will not be held liable. With this introduction, I would like to encourage you to refer to your text for more details on specific torts and potential defenses.
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Th...


Anonymous
I was struggling with this subject, and this helped me a ton!

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Related Tags