Wednesday, January 1, 2020
Business Law Case Study Essay - 1320 Words
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions. Case study 1 Members of Students for Fair Tuition (SFT) decide to protest rising tuition costs at Gigantic State University (GSU) by taking over Dunfee Hall, the location of GSU president Dalton Chandlerââ¬â¢s office. As they storm into the reception area of Chandlerââ¬â¢s office suite, shouting ââ¬Å"Down with fascist tuition increases,â⬠Chandlerââ¬â¢s faithful secretary, Prudence Pimply, picks up a phone to call the campus police. Steve Steel, radical leader of the SFT, slaps the phone knocking it from Prudenceââ¬â¢s hand without ever touching her. He thenâ⬠¦show more contentâ⬠¦The tort of intentional infliction of emotional distress has four elements: 1. the defendant must act intentionally or recklessly; 2. the defendants conduct must be extreme and outrageous; and 3. the conduct must be the cause 4. of severe emotional distress. This is exactly what happened din this case. Steve Steel not only knocked the phone out of Prudenceââ¬â¢s hand but also broke down the door and threatened Prudence with force and made her scared for her life. I do believe that negligence is a part of this case. A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care. Steve Steel did not show a proper care of duty with Prudence. I think that Steve Steel should also be responsible for all of the physical and mental damages since he did not show reasonable care. I think the tort liability in this case would be assault and battery. An assault involves three things that we see in this case. An assault occurs when an intentional, unlawful threat or offer to cause bodily injury to another by force; under circumstances which create in the other person a well-founded fear of imminent peril; where there exists the apparent present ability to carry out the act if not prevented. 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