Business Law Paper

timer Asked: May 17th, 2018
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Question Description

In this assignment, you’ll need to decide whether Patty Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Patty Plaintiff is shopping at her favorite store, Cash-Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Patty, who has taken nothing, denies any wrong doing. The officer insists and takes Patty to a small room in the back of the store. The guard tells Patty that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Patty is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Patty that she is free to go.

About this same time, Gerry Golfer is hitting golf balls in his backyard. Gerry decides to break out his new driver and hits a golf ball out of his backyard into the Cash-Mart parking lot. The golf ball hits Patty Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Five days later, after recovering from her injuries, Patty returns to work. Unfortunately, she used her company e-mail to send her mom a personal email about her injury despite being aware that company policy prohibits use of company e-mail for personal communication. Patty’s supervisor, Barry Bossley, discovers Patty’s violation and Patty is reprimanded. When Patty goes home she uses her personal computer to post disparaging comments about her boss and her company on social media. The next day Patty is fired from her job.

In 4-6 pages answer the following questions raised in the scenario:

    1. What are the possible tort claims that Patty can make against Cash-Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
    2. Was Gerry negligent when he hit the golf ball that injured Patty? Discuss the elements of negligence and use facts from the scenario to support your decision.
    3. Does Patty have a right to privacy when using her company’s e-mail system?
    4. Can Patty be legally fired from her job for making negative comments about her boss and her company on social media
    5. References are not required. If you include references / citations, include a separate references page. Any / all citations must follow APA format. Reference page(s) are not included in the required page length.

Tutor Answer

School: Cornell University

COMPLETE. Go through the paper and let me know if you have any question.



Patty’s Legal Claims



What is the possible tort claims that Patty can make against Cash-Mart? Discuss the

elements of the claim and how those elements relate to the facts in the scenario
Patty will make tort claims against cash-mart relating to negligence and also intentional
tort claims for actions done to her intentionally by the security guard. First, the Occupier’s
liability. It is the duty of the occupier to ensure that people coming to his/her premises are safe.
The duty of care is owed by the occupier to the visitors. This duty of care is to ensure such care
as in all circumstances to ensure that the visitor will be safe while in the premises throughout the
time which he will be there. This duty is further useful in ensuring that the visitor does not suffer
any injury while on the premises by reason of the danger concerned.
Patty was hit by a golf ball while still in the Cash-mart compound at the parking lot. The fact that
she was still on the premises render the management liable for the personal injury that Patty
obtains while still there. In this case, the cash-mart store should have adopted different measures
to ensure that all customers coming to their store are safe from all kinds of risks. One way of
doing this would have been through the construction of barriers to block the golf balls from
reaching their compound. The management, therefore, is supposed to provide financial
compensation for injury caused to Patty.
Second, the tort of false imprisonment which is under 'trespass to person.' Unlawful
detention of a person against his or her will affects that person’s freedom of movement (Prosser,
1955). When a person ...

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