BUS415 Tutorial - 7058

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  • From: Law, Business
  • Posted on: Sun 08 Apr, 2012
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Question
Every one really needs to review the defense called "assumption of risk". It is a very important, strong defense when dealing with personal injury cases. Do you think Mary would have any success using that defense in this case? The next time you go to a baseball or hockey game, look at the back of your ticket and read the fine print. What does it generally say? 
(100 word)


 

 

Question
Are there any other tort claims that might work for the neighbor? How about the tort of "battery"? Could a good argument be made that the neighbor would have a claim against Mary for battery? Explain your reasoning. 
(100 word)


Question
One problem trial lawyers face is how to convince the jury that the defendant's damages really are $xxxxxx. How do you value the loss of a job, or your reputation, or your life? Are old people worth less than a young person with a great future ahead of them? Is the loss of an arm worth more than the loss of leg? What if the person that lost the leg was an NFL kicker? Is that worth more than it would be if the person was a 65 year old man, dying from lung cancer? 

I know one lawyer that would ask the jury "how much would someone have to pay you to let them cut off your arm? (in a safe surgical procedure of course) He would say, "how about $25,000?-$50,000?-$100,000? When he starting getting up in the high 6 figures, he could tell the jurors were starting to think-"maybe". It's an interesting exercise to do this in your own mind. You might say to yourself, "I could do a lot of things with $2 million-do I really need that arm? After all, I do have another one". What do you think- is this a sick technique, or would it make sense to you as a juror? (100 word)



Question
How about this type of agent? I'm sure most of you are somewhat familiar with a "Power of Attorney" (POA). This document involves an "agency" arrangement. Party A executes a POA and appoints Party B as their agent. Depending on what powers are given to B, B is authorized to step into A's shoes and perform those duties just as if they were A. 

For example, if A made B the agent to handle all of A's financial matters like banking, investments, purchasing and selling securities, etc., B could walk in to the bank and withdraw money from A's account. The individual who appoints someone else as their agent in the POA document must be able to have the utmost trust in their agent. The agent has a very strict fiduciary duty to act in the best interests of the individual who executes the POA. 

Do you see the inherent dangers involved with the granting of broad powers in a POA? What do you think could be done to limit some of these potential dangers? The courts will really come down hard on those that abuse this power. Can you see why the fiduciary is held to such a high standard?  (100 word)



Solution Description

Question
Every one really needs to review the defense called "assumption of risk". It is a very important, strong defense when dealing with personal injury cases. Do you think Mary would have any success using that defense in this case? The next time you go to a baseball or hockey game, look at the back of your ticket and read the fine print. What does it generally say? 
(100 word)


Answer
Assumption of risk is a defense that the defendant can use which keeps the plaintiff from recovering damages from the defendant if the defendant can demonstrate that the plaintiff voluntarily accepted the risk that was inherent in the activity that caused the injury. Mary can only have success using this defense if she can prove that the neighbor knew about the risk that was inherent in using the trimmer without using the protective guard and still chose not to move aside. The fine print generally warns you of the risk of the game, basically waiving any liability under the tort.