Re: Need help understanding tort essay!!!
Posted by -- on 7/12/08
On 7/12/08, Entering law school in the fall wrote:
> 1. What are Dell’s rights against Doug and what
> defenses, if any, should Dell anticipate? Discuss.
Look up/study the duties and responsibilities of a "Bailor"
and "Bailee" to each other.
> 2. What are Dell’s rights against Bob and what
> defenses, if any, should Dell anticipate? Discuss.
This seems to be more of a property or criminal conversion
problem than a tort question. Look up/study "conversion" and
how "title to personal property" is passed.
> 3. What are Bob’s rights against Doug and what
> defenses, if any, should Bob anticipate? Discuss.
Seems like this is either a trick question or poorly
written. To find a tort there must be a: (1) A duty of cared
owed to an individual; (2) A breach of that duty; (3)
Causation of loss or damage to an individual; and (4) Actual
damages. What duty was owed to Bob by Doug? What are Bob's
damages?
> 4, What are Charlie’s rights against Doug and what
> defenses, if any, should Charlie anticipate? Discuss.
Same as above for Doug v. Bob
> 5. What are Edna’s rights against Doug and what
> defenses, if any, should Edna anticipate? Discuss.
This is a little tricky for a beginning question but look
up "negligent infliction of emotional distress" and how it
applies to a person who witnesses a family member suffer a
negligent accident (actually sees the accident). For extra
points, look up "zone of danger" and discuss how it may not
be a necessary element for the tort of "negligent infliction
of emotional distress"
> 6. What are Frank’s rights against Doug and what
> defenses, if any, should Frank anticipate? Discuss.
OK -- here is a real tort question. Follow the 4 elements of
a tort I listed above (#3)to answer this question. You can
GOOGLE the terms I have placed in quotes or enumerated and
get the study material you need or, if all else fails, get a
text book and read it.
Key terms:
"elements of a tort"
"Bailor"
"Bailee"
"conversion"
"title to personal property"
"thief's title"
"negligent infliction of emotional distress"
"zone of danger"
"how to study for a law exam"
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