As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.
In your paper, answer the following questions:
- What are the factors that indicate whether Davis owed Esposito a duty of care?
- What do those factors indicate in these circumstances?
In your responses to the above questions, be sure to:
Discuss the tort of negligence and how it applies to our facts.
Discuss the duty of the storeowner to protect customers from harm.
Assignment 2: Case Analysis
The Case
Review the following case. Prepare an analysis that will demonstrate your ability to both answer the questions presented and incorporate theories and concepts from this week’s material.
Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the Company enrolled a home with HBW, Osborne paid a fee and filled out a form that stated the following: “By signing below, you acknowledge that you CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein. HBW then issued warranty booklets to the new homeowners that stated: “Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW shall be submitted to arbitration.â€
Would the new homeowners be bound by the arbitration agreement, or could they sue the builder, Osborne, in court?
In responding to the question be sure to:
- Discuss what courts are saying about the enforcement of arbitration clauses in contracts.
- Utilize the decision in the NCR Corp v Korala Associates, Ltd. as a basis for answer. For more information on this case go to http://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf.
Appropriate format (Word®) –
Critical Elements:
Discuss the approaches to ethical reasoning.
A title page;
The paper itself (the “discussion”) and
A references page.
Additional formatting standards:
- Use standard margins: 1″ on all sides.
- Use standard 12-point font size.
- Use standard double-spacing: average of 22 lines per page, and between 20 and 24 lines per page.
- Use left-aligned text.
- When citing a quote of more than four lines, you should indent the entire quoted passage 10 spaces from the left margin. It is not necessary to indent these block quotes from the right margin. Continue with the usual double-spacing, and give the usual acknowledgements at the end of the quote. Block quotes do not require quotation marks.
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