Show What You Know- Contracts and Torts
INSTRUCTIONS AND INFORMATION
To successfully complete the assignment, read the assigned materials and submit your answers. Please review the rubric for grading criteria and see the model answer below for an example of a full credit answer.
PART I: REVIEW
Use the textbook to answer all questions. Answers must be complete, logical, thoughtful, supported by examples, and well written.
1. What is a contract? (Answer to make progress on unit learning goal 1.)
2. What elements must be present to form a legally enforceable contract? (Answer to make progress on unit learning goal 1.)
3. What does it means to be in breach of contract. (Answer to make progress on unit learning goal 1.)
4. Define the following terms: tort, intentional tort, strict liability, and negligence. (Answer to make progress on unit learning goal 2.)
5. Can an action be both a tort and a breach of contract? (Answer to make progress on unit learning goals 1 & 2.)
PART II: CRITICAL THINKING
Complete one of the two scenarios below. Answers must be complete, logical, thoughtful, supported by examples, well written, and be at least 200 words in length.
SCENARIO ONE (This question help you achieve unit learning goals 1 & 3.)
Betsy owns a business in South City. Her friend, Walter, lived in Northville. Over the years, Betsy often suggested to Walter that he move to South City and work for her. A short time ago, Walter decided to follow Betsy’s suggestion. He called Betsy and asked if she was still interested in hiring him. Betsy replied, “Of course. Get down here as soon as possible and we can see where you would fit in.” Walter agreed and told her that he would give notice at his current job and would be in South City by the end of the month. Walter gave notice at work and shipped his furniture to South City at a cost of $5,000 and bought a one-way plane ticket for $250. When Walter called Betsy upon his arrival in South City, she told him that she had just lost a major customer and had to impose rigorous cost-cutting. She therefore could no longer employ him. Walter tried for two months to find another job in South City but nothing was available. Walter’s previous employer was willing to rehire him, so he moved back to Northville, paying another $5,000 for movers and $250 for airfare.
1. Did Betsy and Walter form a valid contract? In your answer, discuss offer, acceptance, and consideration.
2. Did Betsy breach the contract? If so, how? What arguments supported by facts can Betsy raise?
3. What damages, if any, does Betsy owe Walter? Explain.
SCENARIO TWO (This question help you achieve unit learning goals 2 & 3.)
Tommy is fourteen years old. Tommy plays golf every day at his local golf course,
using a golf cart. Although children are generally not allowed to rent carts at the course, Tommy has a special relationship with the owners of the course, who consider him to be of unusual maturity. He is generally allowed to use the golf carts as long as they are available. One day, while driving a cart on the golf course, Tommy failed to watch where he was going and he crashed into Dana. At the time, Dana was intoxicated and also not watching where she was going. As a result of the accident Dana suffered a concussion, multiple broken bones, and a serious bruising.
1. Could Dana win in a lawsuit against Tommy on a theory that he committed an intentional tort when he crashed into her? Explain using facts and law.
2. If Dana sued Tommy claiming that he is strictly liable for her injuries, who would win in court? Explain using facts and law.
3. Could Dana win in a lawsuit v. Tommy on a theory that he committed the tort of negligence? Explain using facts and law.