Assignment 1. Intentional Torts
1. What is an intentional Tort? Give me the elements of all intentional torts.
2. Defamation is an intentional tort. What are the elements of defamation?
3. In the case of N.Y. Times v. Sullivan,376U.S. 254 (1964) defamation regarding a public person was defined by the U.S. Supreme Court. Please provide the following:
a. Facts of Sullivan Case
b. Relevant law in Sullivan Case
c. Holding of the court in Sullivan Case
4. The Sullivan case has been used in many holdings regarding "public people"; using shepherd's citations or any other means: find any case where Sullivan has been used as a precedent and provide:
a. Facts
b. Law
c. Holding of the case
d. How did the case you are affect the holding in Sullivan?
INTENTIONAL TORTS- ASSIGNMENT
Two sisters, Darla and Irene, are partners in an import business located in a small town in Rhode Island. Irene is married to a well-known real estate developer and is campaigning to be the mayor of their town. Darla is in her mid-thirties and has never been married. Both sisters travel to other countries to purchase the goods they sell at their retail store. Irene buys Indonesian goods, and Darla buys goods from Africa. After a tsunami (tidal wave) destroys many of the cities in Indonesia to which Irene usually travels, she phones one of her contacts there and asks him to procure some items and ship them to her. He informs her that it will be impossible to buy these items now because the townspeople are being evacuated due to a water shortage. Irene is angry and tells the man that if he cannot purchase the goods, he should just take them without paying for them after the town has been evacuated. Darla overhears her sister's instructions and is outraged. They have a falling-out, and Darla decides that she no longer wishes to be in business with her sister. Using the information presented in the chapter, answer the following questions.
1. Suppose that Darla tells several of her friends about Irene instructing the man to take goods without paying for them from the people of Indonesia after the tsunami disaster. If Irene files a tort action against Darla alleging slander, will her suit be successful? Why or why not?
2. Now suppose that Irene wins the election and becomes the city's mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene's misconduct. If Irene accuses Darla of committing libel, what defenses could Darla assert?
3. If Irene accepts goods shipped from Indonesia that were wrongfully obtained, has she committed an intentional tort against property? Explain.
4. Suppose now that Irene, who is angry with her sister for disclosing her business improprieties, writes a letter to the editor falsely accusing Darla of having sexual relations with her neighbor's thirteen-year-old son. For what intentional tort or torts could Darla sue Irene in this situation?
Assignment 2: Negligence
1. Define the concept of Negligence providing and explaining its various elements.
2. In your own words, provide an example of negligence you have experienced and also provide the liability for your negligence example.
3. What are the defenses to negligence
4.In the case of Palsgraph v. L.I.R.R.,Palsgraf v. Long Island R.R. Co., Ct. of App. of N.Y., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928).the Court provided the concept of "proximate causation"
a. What are the facts, the law and the holding of the court in Palsgraph?
b. What is "Proximate Causation" and how is it applied in everyday life?
c. What is your opinion of the Court's decision in Palsgraph?
4. Define: Strict Liability
6. Using Lexis or any other legal search tool, or the footnotes in your text book, research any case in which the court applied strict liability and brief the case providing the Facts, Relevant Law, Holding of the Court and your opinion of the Court's holding.