This project involves tort law.
Use chapter 9 of the textbook that’s in the link below:
Assignment (30 points total)
Read the Cases and answer the questions for each. Sometimes, there are multiple questions. Please read each question carefully and answer each one completely.
Case 1 (10 points)
Dylan Engineering Corporation has a contract with Marley Stores to provide customized software for Marley’s inventory control system. Cliff Outlets, Inc., Marley’s competitor, pays $2,500 to Costello, a Dylan subcontractor, who is writing code for the Marley software, to delay delivery of the code for one week. As a result, Dylan’s delivery of the software to Marley is delayed, and Marley sustains $100,000 in lost profits.
Questions to answer for case 1: On what ground could Marley recover damages from Cliff? What would Marley have to prove to win their case? Fully discuss this and any other legal liability that might arise from this case, including explaining what must be proven to establish any legal theories and how such issues are most likely to be resolved in court.
Case 2 (10 points)
Alexa Gonchar visited a Wal-Mart store. While walking in a busy aisle from the store’s cafeteria toward a refrigerator, Gonchar stepped on some macaroni that came from the cafeteria and had spilled on the floor. She slipped and fell, sustaining injuries to her back, arm and knee. She filed a suit against Wal-Mart, alleging that the store was negligent. She presented evidence that the macaroni had a lot of dirt and tracks through it, and testified that the macaroni “seemed like it had been there for awhile.”
Assume that you are the judge in the trial court hearing this case and answer the following questions:
Questions to answer for case 2: What is the nature of the duty owed by businesses, such as Wal-Mart in this case, to their patrons? Why is this duty imposed on businesses?
Did Wal-Mart breach that duty in this case?
In deciding whether Wal-Mart should be held liable for Gonchar’s injuries, does it matter that she was walking in a busy aisle when she stepped on the macaroni? Explain.
Is Wal-Mart liable for negligence? Explain with specific reference to the facts of the case and the requirements of negligence.
Case 3 (10 points)
New Jersey International Speedway, Inc., (Speedway) owned the New Jersey International Speedway, a racetrack next to Route 312 in Jersey Shore, New Jersey. In May 2005, on the weekend before the Winston Cup race, Speedway opened part of its parking facility to recreational vehicles (RVs). Speedway voluntarily positioned its employee Sammy Spacecadet at the entrance to the parking area as a security guard and to direct traffic.
Gary Gearhead, who was planning to attend the race, drove an RV south on Route 312 toward Speedway. Meanwhile, Mike Motorunner, who was right behind Gearhead’s vehicle, was also driving south on Route 312 on a motorcycle, on which his wife, Michelle, was a passenger. As Gearhead approached the parking area, he saw Spacecadet signaling him to turn left into the Speedway parking area, which he began to do. At the same time, Motorunner attempted to pass the RV on its left side, and the two vehicles collided. Michelle sustained a broken right leg and hip, among other injuries, in the collision. Michelle Motorunner sued Speedway, and others, for negligence. Based on these facts, answer the following questions:
Questions to answer for case 3:
(1) What are the elements of negligence?
(2) Which element of negligence is at the center of this dispute? Explain.
(3) How is a court likely to rule in this case and why? Explain with specific reference to the facts of the case and the requirements of negligence.
