TORT/CRIMES ASSIGNMENT MGMT 310 INSTRUCTIONS: Your assignment is to analyze the

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TORT/CRIMES ASSIGNMENT MGMT 310 INSTRUCTIONS: Your assignment is to analyze the claims and defenses for each party in the below case problem. Analyze the series of events using the information and laws contained in Chapters 6, 7, 8 and 10. This is the written portion of your Exam 2 and will be averaged to your exam 2 grade (from the online portion) for your final Exam 2 grade. I have provided an example of how to set forth your analysis below. Be sure to list the name and elements of all determined allegations/charges (i.e. negligence –duty, breach, causation, damages; strict liability, assault, battery, or a crime) or defenses (i.e. comparative fault, strict liability, foreseeability, fourth amendment, etc…). Ensure that you analyze the facts that support the elements of the allegation/charge or defense made for each party. If you determine there are no claims and/or no defenses, please say so. As an example, I have provided a sample analysis for Hilary Clinton. You will similarly address the same for each of the other “parties” or actors in the scenario. This must be typed and turned in on or before the due date (as stated on Learn). CASE PROBLEM: Hilary Clinton and Donald Trump are employed by Congressional Windows in Odessa, New Mexico. The city of Odessa has an ordinance in effect that states that: All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding or ladder used while accessing floors above 5 stories. Odessa City Ordinance 001.02.2012 Clinton and Trump are on scaffolding and washing windows on the 15th floor of the Primatech Building LLC. Trump runs out of window cleaner, known to be hazardous and acidic, and requests that Clinton pass him a two (2) pound bottle of the window cleaner which is on the scaffolding closest to Clinton. The cleaner is not tied to the scaffolding, but is instead tied to the bucket holding the items used to clean the windows. Clinton tosses the bottle of cleaner to Trump, but the bottle slips from his hands and falls to the ground below. The bottle hits Jeb Bush on the head while he is walking beneath the scaffolding. It is important to note that below the scaffolding where Clinton and Trump are working the area has been taped off with “caution” tape – advising pedestrians to not walk underneath the work zone. Bush was inside of the caution tape area when the bottle hit him. The collision causes Bush to collapse, and knocks him into Main Street traffic. Bush suffers a concussion and chemical burns from the cleaner. Joe Biden is the owner and driver for Exotic Pets Inc. As part of its business, Exotic Pets Inc. transports animals that are considered abnormally dangerous. Biden is driving a truck owned by Exotic Pets Inc. and is traveling 40 miles per hour on Main Street. The speed limit on Main Street is 25 miles per hour. When Bush falls into the street, Biden swerves to avoid hitting him, loses control of the truck due to its speed, and crashes into an Odessa City Bus. Upon impact, the Exotic Pets Inc. cages tumble out onto the street, and several animals, including snakes, are set loose. As Odessa citizens exit the damaged bus, several kick away venomous snakes but are subsequently bitten and severely injured. Following the events but while still on the scaffolding, Clinton and Trump begin fighting about fault, and eventually Trump handcuffs Clinton to the scaffolding with a set of AQME, Inc. manufactured locking metal handcuffs. Clinton demands that she be released and when Trump attempts to unlock the cuffs, the key breaks off in the locking mechanism. Clinton is left handcuffed on the scaffolding for the next hour. Clinton is physically and emotionally injured. MISSION: Following the above series of events you are approached by the different parties. You must decide how the case, allegations and defenses are to be analyzed. The parties to a potential law suit are: 1. Hilary Clinton 2. Donald Trump 3. AQME, Inc. 4. Jeb Bush 5. Joe Biden 6. Exotic Pets Inc. 7. City of Odessa (City Bus) 8. Injured citizens of Odessa (on the City Bus) Please address the claims/allegations, crimes and liabilities, and defenses each party has against others. Keep in mind the key terms and elements of the content of the Module II chapters, including but not limited to: Intentional Tort, Negligence per se, Negligence, Strict Liability, Products Liability, Proximate Cause, Foreseeability, Damages, Comparative Fault (this takes place in a comparative fault state), etc… Remember to state the elements, facts that support and defenses. Here is an example/recommendation of the layout of your answer: 1. Please state the claims Hilary Clinton has against any party and his defenses to any claims against him. 1. Claims a. vs. Donald Trump i. False Imprisonment 1. [here, state the elements of False Imprisonment] 2. [here, analyze facts that support FI allegation] 3. [here, state your conclusion – yes FI/No FI] ii. Battery 1. State the elements 2. State the analysis 3. State your conclusion b. vs. Congressional Windows i. Product Liability [define] 1. [insert the elements] c. vs. Primatech … 2. Defenses a. Comparative Fault [state the definition of comparative fault] i. Foreseeability [state the definition of foreseeability] 1. Causation: a. Facts: (If Donald Trump would have caught the caustic window cleaner, known to be hazardous, the accident could have been avoided.) b. Actual cause- a person who commits a negligent act is not liable unless actual cause can be proven. (Also known as causation in fact.) c. Proximate cause- a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his/her actions. (Also called legal cause.) b. Strict Liability [here, insert the definition and analysis of the defense of strict liability – i.e. Exotic Pets Inc. was strictly liable for the injuries and damages caused by Exotic Pets Inc. on the basis of strict liability. 2. Please state what claims Donald Trump has against any parties and/or defenses to any claims against him. 3. Please state what claims AQME, Inc. has against any parties and/or defenses to any claims against it. 4. Please state what claims Jeb Bush has against any parties and/or defenses to any claims against him. 5. Please state what claims Joe Biden has against any parties and/or defenses to any claims against him (individually) 6. Please state what claims Exotic Pets Inc. (business organization) has against any parties and/or defenses to any claims against it. 7. Please state what claims The City of Odessa has against any parties and/or defenses to any claims against it. 8. Please state what claims the injured citizens (as a group) have against any parties, and/or defenses to any claims against them.

Explanation / Answer

Here the case for defence scenario:

Accident cause and sever cause for same.

Party distinguish is the main scenario for same.

Probability is the main scanrio for same.

Case can be anything will.be forwarded with scanrio for if provide with details.

False aggregations and improrsenmemst for same.

Different causes are booked here to keep in line with requirements.

Probability that same will occur fir same.

Damagures and injuries for it can be taken in consider action.

Emotionally injured also taken for considering of it.

Crush due to speed of vehicle againt it.

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