Case Analysis Essay

1848 Words Nov 11th, 2012 8 Pages
Facts of the case:
Smiley, a buyer from Carrefour Fashions, entered the store of a rival firm, Boulevard Boutique. The reason for his visit was to find out about the latest lines that Boulevard was carrying. Once Smiley entered the store he was recognized by Maldini, the store manager of Boulevard, who immediately called the store detective and told him to keep an eye on Smiley. Maldini then called the police, notifying them that he had a shoplifter in the store. Smiley never tried to leave, believing that Rocco, the store detective, would not permit him to do so. Once the police took Smiley to the station he explained the situation and was released.
1. What might Smiley have against Boulevard, Maldini or Rocco? 2.
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By not being able to serve customers, which enhances his business, Maldini was not enjoying his land.
Facts of the case: While walking to a school party together, Madeline and Sam were approached by a group of kids who informed Madeline that she should go home immediately because her mother had suffered a heart attack and may not survive. Madeline ran home with Sam accompanying her. Once they approached an intersection, Sam was hit by a car while trying to inform Madeline of the same situation happening to her. Madeline then called 911 and ran home to her mother. Once she got home, Madeline realized that her mother was perfectly fine and that she had no idea why someone would say such a thing. Sam survived the car accident with only a broken leg.
1. Discuss Madeline’s and Sam’s tort claims. Explain your answer.
The first tort liability issue in this case is the intentional infliction of mental suffering, which is “the performance of an act or the making of a statement (probably false) that is calculated to cause mental anguish to the plaintiff and, which in fact, causes such mental anguish.” (Kerr, 23) By informing Madeline that her mother had suffered a heart attack and may not survive, the group of kids caused Madeline to suffer mental anguish. They also caused her to run home and almost get hit by a car, as well as witnessing her friend, Sam, getting hit by one. The group of kids may

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