Show What You Know- Contracts and Torts

Show What You Know- Contracts and Torts Paper details: INSTRUCTIONS AND INFORMATION To successfully complete the assignment, read the assigned materials and submit your answers. Please review the rubric for gradin" rel="nofollow">ing 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 learnin" rel="nofollow">ing goal 1.) 2. What elements must be present to form a legally enforceable contract? (Answer to make progress on unit learnin" rel="nofollow">ing goal 1.) 3. What does it means to be in" rel="nofollow">in breach of contract. (Answer to make progress on unit learnin" rel="nofollow">ing goal 1.) 4. Defin" rel="nofollow">ine the followin" rel="nofollow">ing terms: tort, in" rel="nofollow">intentional tort, strict liability, and negligence. (Answer to make progress on unit learnin" rel="nofollow">ing goal 2.) 5. Can an action be both a tort and a breach of contract? (Answer to make progress on unit learnin" rel="nofollow">ing 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" rel="nofollow">in length. SCENARIO ONE (This question help you achieve unit learnin" rel="nofollow">ing goals 1 & 3.) Betsy owns a busin" rel="nofollow">iness in" rel="nofollow">in South City. Her friend, Walter, lived in" rel="nofollow">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 in" rel="nofollow">interested in" rel="nofollow">in hirin" rel="nofollow">ing him. Betsy replied, “Of course. Get down here as soon as possible and we can see where you would fit in" rel="nofollow">in.” Walter agreed and told her that he would give notice at his current job and would be in" rel="nofollow">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" rel="nofollow">in South City, she told him that she had just lost a major customer and had to impose rigorous cost-cuttin" rel="nofollow">ing. She therefore could no longer employ him. Walter tried for two months to fin" rel="nofollow">ind another job in" rel="nofollow">in South City but nothin" rel="nofollow">ing was available. Walter’s previous employer was willin" rel="nofollow">ing to rehire him, so he moved back to Northville, payin" rel="nofollow">ing 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" rel="nofollow">in. SCENARIO TWO (This question help you achieve unit learnin" rel="nofollow">ing goals 2 & 3.) Tommy is fourteen years old. Tommy plays golf every day at his local golf course, usin" rel="nofollow">ing 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 drivin" rel="nofollow">ing a cart on the golf course, Tommy failed to watch where he was goin" rel="nofollow">ing and he crashed in" rel="nofollow">into Dana. At the time, Dana was in" rel="nofollow">intoxicated and also not watchin" rel="nofollow">ing where she was goin" rel="nofollow">ing. As a result of the accident Dana suffered a concussion, multiple broken bones, and a serious bruisin" rel="nofollow">ing. 1. Could Dana win" rel="nofollow">in in" rel="nofollow">in a lawsuit again" rel="nofollow">inst Tommy on a theory that he committed an in" rel="nofollow">intentional tort when he crashed in" rel="nofollow">into her? Explain" rel="nofollow">in usin" rel="nofollow">ing facts and law. 2. If Dana sued Tommy claimin" rel="nofollow">ing that he is strictly liable for her in" rel="nofollow">injuries, who would win" rel="nofollow">in in" rel="nofollow">in court? Explain" rel="nofollow">in usin" rel="nofollow">ing facts and law. 3. Could Dana win" rel="nofollow">in in" rel="nofollow">in a lawsuit v. Tommy on a theory that he committed the tort of negligence? Explain" rel="nofollow">in usin" rel="nofollow">ing facts and law.