Jolene And Tort: Case Study

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SCENARIO ONE
Janice loaned Jolene a designer leather coat to wear to a Taylor Swift concert. The day after the concert, Janice goes to Jolene and requests the return of her coat. Jolene denies that the coat was loaned to her and claims Janice gave it to her as a gift. Janice is upset because the coat was very expensive and now she will have to buy a new one. She wants to sue Jolene for the price of a new, designer, leather coat. 1. Name the cause of action in tort that Janice could bring against Jolene.
CONVERSION
2. List each element of that tort. Next to each element, state the facts from the above scenario that Janice would allege to prove that element.
• Personal property – The coat falls under personal property as it can be moved
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• Causation – The loss of the coat, which was new and very expensive, caused a great loss to Janice, who now needs to replace the coat.
SCENARIO TWO
Frank was a customer at Friendly Seafood Restaurant owned by Friendly Eats, Inc. While consuming a bowl of chowder at the restaurant, Frank chipped a tooth on a shell accidentally left in his soup by the chef. He then had to spend $1000 to have his dentist put a crown over that chipped tooth. 1. Name the cause of action in tort that Frank could bring against Friendly Eats, Inc. NEGLIGANCE
2. List each element of that tort. Next to each element, state the facts from the above scenario that Frank would allege to prove that element.
• Duty – The chef had a responsibility to ensure that each meal was properly prepared and that no harmful substances were allowed into the food.
• Breach of Duty – A shell was accidentally left in the chowder.
• Proximate Cause – The shell left in the soup caused Frank to chip his tooth.
• Damage – The damage to Frank’s tooth cost him $1000 in dentist fees to have it fixed.

SCENARIO
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Explain the concept of “strict liability” in tort law.
• Strict Liability does not concern itself with intent or fault, but rather deals with activities that bear a certain degree of danger regardless of other factors. In these situations the risks exist no matter how much care is taken, and the danger often extends to those who have no option to protect themselves. 3. Name and explain two tort defenses and give an example of each one.
• Contributory Negligence – When the defendant can prove that the plaintiff somehow contributed to their own injury through their own negligent conduct. This could be applied to when a car accident occurs because the defendant was driving under the influence, but the injuries were worsened because the plaintiff had been recklessly speeding.
• Assumption of Risk – This occurs when the plaintiff was aware of the risk the action they took posed, but voluntarily continued with the action regardless. This can be seen when producers clearly label their products with certain health and safety risks, but the consumer uses the product regardless after assessing that the risk posed is bearable. CHAPTER TEN (worth up to 5 points each; thus, up to 10 points for this

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