BLAW CSUN Law of Tort Paper

BLAW 280Professor Hilary Silvia
Spring 2020 – Term Paper Assignment
Format Instructions (2-5 points deducted for each instruction not followed)
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The term paper should be 4 full pages, minimum, and 7 pages, maximum;
Typewritten, Times New Roman font, double-spaced, 12-point font;
Number the pages;
One (1) inch margins;
Do not leave extra room between paragraphs;
Cite all sources using footnotes or endnotes- failure to quote and cite sources will trigger
plagiarism penalties – if you are unsure what constitutes plagiarism, visit:
https://libguides.csun.edu/journalism/plagiarism;
7. Avoid long or extensive quotes;
8. Do not cite to Wikipedia. I prefer that you use only your text book, lecture slides, and
class notes for the legal content. If you need to learn more about the facts of the case to
understand the problem, you may use online resources. Extensive use of online resources
is discouraged. I am grading your analysis, so the only content that will earn you points
is the analytical, problem-solving content you create, and the statement of issues and
identification of rules that lead you to your solution.
9. Put your name, class, and date single spaced in the upper right-hand corner.
Your paper should be divided up into sections as indicated below:
Title – brief and informative- a few words or a sentence.
Abstract – Your abstract will briefly state the issues raised in the fact pattern and the titles of the
rules you will apply to resolve the issues raised. The abstract section is brief (less than a page)
and gives a concise, specific, balanced summary of the main points of your paper. Write it after
you have finished a full draft of the paper.
Main Text: This is your IRAC. You should have a separate heading for each issue you are
analyzing. Conduct the full IRAC for that issue before moving on to the next. Your paper will
have multiple IRACs. Fully explain your answers, including any applicable legal rules. Discuss
each side of any debatable issue. Reach a conclusion after defining and discussing each issue.
Discuss any available remedies.
Main Text Example:
(Heading Example) Jane’s case against Doe for Battery will Fail Because Jane
Cannot Satisfy the Element of Intent
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Issue: Is Doe liable to Jane for battery for the injuries she sustained when Doe
fainted while walking next to Jane, bumping Jane and causing her to fall and break her
arm?
Rule: In order to hold Doe liable for battery, Jane must prove each of the
following:
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That Doe’s act was intentional;
There was harmful or offensive;
Touching of Jane;
Without her consent.
Analysis: (Your analysis must be in paragraph/essay format. Do not use bullet
points in your analysis.) In this case, Jane will argue… (insert element of rule plaintiff is
trying to establish) … because… (insert facts/evidence that help plaintiff’s case).
Defendant will argue (insert all arguments/defenses that favor defendant.)
Conclusion: Because Doe fainted, which was an involuntary act caused by heat
stroke, he lacked the intent to touch or injure Jane. However, if he knew that he was
susceptible to heat stroke, and went out in the heat anyway without taking precautions, he
might be liable to Jane for negligence.
… your next heading and IRAC would be about negligence. All IRACs will be in
the Main Text section of the paper.
Conclusion-Present your own conclusions for all IRACS and fully resolve the dispute between
the parties. The quality of your paper rests on how well you support your view, not on what
position you choose to support. Be sure to answer the questions raised in your issue statements.
Write up a conclusion that discusses how the entire case will be resolved globally.
For example, “Although Jane will not recover from Doe under the law of battery, she may
recover compensatory damages under a negligence theory if she can establish that it was
foreseeable to Joe because of his medical condition that he would faint at the outdoor festival,
with temperatures above 100, and he failed to take reasonable precautions to guard against
foreseeable risks of harm. Her compensatory damages award would include medical expenses,
lost wages, and pain and suffering.” (Note how this conclusion incorporates the conclusions from
each of the IRACs included in the paper.)
Literature cited-You will be citing all sources that you have cited in the body your paper in
either footnote 1 or endnote i format. Be sure to include all sources, books, and papers that are
mentioned by author/date in your text.
1
This is a footnote. It appears at the bottom of each page. I prefer footnotes.
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Fully explain your answer, including any applicable legal rules. Discuss each side of any
debatable issue. Reach a conclusion after defining and discussing each issue. Discuss
any available remedies.
Problem:
Granny and John are neighbors. Diego is Granny’s grandson and he is concerned that
Granny is getting older and having trouble preparing healthy meals for herself at home,
especially during COVID-19 when she is told to avoid grocery stores.
Diego feels bad that he does not live nearby and cannot help her shop or cook for herself,
so he orders Granny an organic meal delivery service from FreshForYou (hereafter
“FFY”), an online company that delivers meals directly to each customer’s front door.
Diego ordered the meal delivery service online, and he selected the “Daily Dining”
option, in which FFY would deliver 7 breakfasts,7 lunches and 7 dinners each week for
$300.00 per week with the first delivery scheduled for January 1, 2020. Unfortunately,
when Diego entered the order, he entered a typo into the “Deliver to” box, mistakenly
writing John’s address instead of Granny’s.
Granny’s House
2020 Main St. ↓
John’s House
↓ 2022 Main St.
On January 1, 2020, Granny’s neighbor, John, was surprised to see a FFY box on his
doorstep. John opened the box and saw a form titled “Order Summary” on top, with
Diego’s name and information under the “billing information” section, and Granny’s
name listed under the “deliver to” section, but with his address written under Granny’s
name. The Order Summary also described the “Daily Dining” option included in the box
and confirmed that Diego’s credit card has been charged $300.00 for the contents of the
box. It also noted that the next scheduled delivery was for January 8, 2020. John prepared
all the meals in the box throughout the week and shared them with his family. They were
delicious.
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On January 8, 2020, John received another FFY box of “Daily Dining” again with an
Order Summary with Diego’s name listed in the “billing information” section and
Granny’s name and John’s address listed in the “deliver to” section. John loved last
week’s meals and again prepared all the meals in the box and served them to his family.
On January 10th, Diego called Granny on the phone to see how she was enjoying her FFY
meal delivery. Granny told Diego that she has not received any meals. Diego called FFY
and found out that the delivery was going to John’s house, next door, instead of to
Granny’s house.
Part 1: Diego is upset because he has paid for $600 worth of meals that Granny has not
received. For purposes of part (1) only, assume that Diego demanded a refund from FFY,
but FFY refused to refund Diego’s money because Diego provided the incorrect
instructions when he was completing the online order. Diego comes to you for advice.
In the case of Diego v. FFY, what result? (Write your answer in IRAC format.)
Part 2: Now, for purposes of part (2) only, assume that on January 15th, John received an
invoice in the mail from FFY for $600.00 for the two weeks’ worth of meals he
consumed. John called to contest the invoice, stating that he will not pay for it because he
never ordered the meals. FFY wants John to pay for the two weeks of meals he accepted
and comes to you for advice.
In the case of FFY v. John, what result? (Write your answer in IRAC format.)
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Term Paper Grading Rubric
1.
Identified relevant issues
Excellent
Strong
Adequate
Insufficient
___________________________________________
2.
Identified and discussed relevant laws
Excellent
Strong
Adequate
Insufficient
_________________________________________
3.
Debated issues, indicating depth of understanding
Excellent
Strong
Adequate
Insufficient
___________________________________________
4.
Reached conclusions based on analysis
Excellent
Strong
Adequate
Insufficient
____________________________________________
5.
Wrote clearly and persuasively
Excellent
Strong
Adequate
Insufficient
____________________________________________
Essay Score: ____________
i
This is an endnote. It appears at the end of the paper.
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