Questions are from the Case Problems section found at the end of each chapter. A
ID: 399710 • Letter: Q
Question
Questions are from the Case Problems section found at the end of each chapter. Answer each assigned case problem completely with a justifiable decisi on that based upon the law and what you have leamed in class. In order to receive full points for your answers please use the following IRAC format. The entire assignm ent is worth 30 points. Assignments are due on a weekly basis 1) Identify the issue in the question. The issue is typically the question at the end of the facts 2) State the rule of law. The rule oflaw is typically be found in the chapter and it is the rule that applies to the issu 3) Analyze the facts of the case and apply the rule oflaw 4) State your conclusion based upon the facts and the law.Explanation / Answer
Issue - Iseberg (plaintiff) and Gross defendant were business partners. We need to examine whether there was a special relationship between the defendant and plaintiff for the defendant to warn or protect the plaintiff from a former partner's intentions.
Rule of law - As per law if a special relationship exists between parties, they must protect/warn each other from/about an unreasonable harm that can arise within the scope of the relationship. The parties may have an obligation to exercise reasonable care to avoid harm to parties.
Facts - Though Slavin told Gross about his intent, it is possible it was in a rage and nothing serious. Further, there existed no special relationship at the time of the attack, therefore Gross had no duty to warn or protect Iseberg. Special relationships generally exist between:
"(1) Common Carrier-Passenger; (2) Innkeeper-Guest; (3) Business Inviter-Invitee; and (4) Voluntary Custodian-Protectee"
Conclusion - Gross wins the case as there is no special relationship. He has no obligation by rule of law to warn or protect Iseberg.
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