Question
Instructions: (1) Identify the most likely tort theory/theories to be used in court: intentional (and particular one), negligence, and/or strict liability. (2) List the elements
Instructions: (1) Identify the most likely tort theory/theories to be used in court: intentional (and particular one), negligence, and/or strict liability. (2) List the elements required to prove this theory. (3) Explain what facts would be used to prove each element of the tort. (4) Reach a conclusion.
1. TCBs night manager has been going to the neighbors dumpster (Mr. & Mrs. Smith who own a popcorn shop), looking around inside of it and putting TCBs garbage in their dumpster when TCBs is full.
2. Your delivery person caused a five-car pileup on Route 1 when texting a friend while driving to the next delivery destination. All vehicles were damaged, 12 people were injured and sales were lost.
3. Charlie the night manager stopped a customer who was believed to have stolen a package of coffee and a coffee mug, asked this customer to sit at a table near the counter while Charlie called the police. The police did not come for 2 hours.
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