Assignment 6

Identify the issue in the following two fact situations.

Part A.Beth loaned Allen $5,000. The agreement was oral. Allen commutes to a nearby city to work. Beth needs to go to the city three times in May. Allen told her he would give her three free rides to the city to help repay the loan. On one of the trips, Allen was not paying attention, lost control of the car, and wrecked it. Beth suffered severe injuries and wants to sue Allen to recover damages.

The state automobile guest statute bars suits against drivers by automobile guests. The statute does not apply if the passenger confers a substantial benefit on the driver and that is the reason the driver provided the ride.

Part B.Tom and Alex are next-door neighbors. While arguing with Tom, Alex breaks Tom's lawn chair, and as Alex begins to break more lawn furniture, Tom makes a citizen's arrest of Alex. Tom's sons help Tom, and after Alex is subdued, they continue to hit and kick him for a few moments. Alex wants to sue Tom.

The state's case law defines battery as unauthorized harmful contact; it also allows a citizen's arrest when the purpose is to prevent the destruction of property.