Assignment 1: Negligence and Duty of Care
Assignment Scenario
As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee
of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned
around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was
knocked to the ground, fracturing her hip. After hip replacement surgery, she was left
with a permanent physical impairment. Esposito filed suit in a federal district court
against Davis and others, alleging negligence.
In your paper, answer the following questions:
1. What are the factors that indicate whether Davis owed Esposito a duty of
care?
2. What do those factors indicate in these circumstances?
In your responses to the above questions, be sure to:
• Discuss the tort of negligence and how it applies to our facts.
• Discuss the duty of the storeowner to protect customers from harm.
Assignment 2: Case Analysis
The Case
Review the following case. Prepare an analysis that will demonstrate your ability to both
answer the questions presented and incorporate theories and concepts from this week’s
material.
Thomas Baker and others who bought new homes from Osborne Development Corp.
sued for multiple defects in the houses they purchased. When Osborne sold the homes,
it paid for them to be in a new home warranty program administered by Home Buyers
Warranty (HBW). When the Company enrolled a home with HBW, Osborne paid a fee
and filled out a form that stated the following: “By signing below, you acknowledge that
you CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE
BINDING ARBITRATION PROVISION contained therein. HBW then issued warranty
booklets to the new homeowners that stated: “Any and all claims disputes and
controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or
HBW shall be submitted to arbitration.”[ LS311 | Business Law ]
You Can Do IT! 2
Would the new homeowners be bound by the arbitration agreement, or could they sue
the builder, Osborne, in court?
In responding to the question be sure to:
• Discuss what courts are saying about the enforcement of arbitration
clauses in contracts.
• Utilize the decision in the NCR Corp v Korala Associates, Ltd. as a basis
for answer. For more information on this case go to
http://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf.
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