Fisher College Defenses to Negligence Discussion Questions

9. Interference with Business RelationsYou are concerned because several of your employees have recently broken their employment
contracts and left town. Investigation reveals that Sly and Company, your competitor in a
nearby city, has paid bonuses to your former employees to persuade them to break their
contracts. Discuss what legal steps you can take against Sly.
Negligence
10. Duty of Care
(a) Do you have a duty of care to warn a stranger on the street of the potential danger of
broken glass ahead?
(b) Do you have a duty to warn an employee of similar danger at a place of employment?
Explain.
11. Unreasonable Behavior-Breach of Duty
In litigation who usually determines if the defendant’s behavior is unreasonable?
12. Causation in Fact
(a) What does it mean to say that “chains of causation stretch out endlessly”?
(b) What is the standard used by the judge in instructing the jury about causation?
13. Proximate Causation
Explain the difference between proximate causation and causation in fact.
14. Defenses to Negligence
A jury finds Lee, the defendant, liable in a tort case. It determines that José, the plaintiff, has
suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25% to
his injuries. Under a comparative negligence instruction, what amount of damages will the jury
award the plaintiff?Damages
18. Compensatory Damages
Explain the three types of loss that give rise to compensatory damages.
19. Punitive Damages
During a business lunch, Bob eats salad dressing that contains almond extract. He is very aller-
gic to nuts and suffers a severe allergic reaction. There are complications and Bob becomes
almost totally paralyzed. Because Bob had instructed the restaurant waiter and the chef that he
might die if he ate any nuts, he sues the restaurant for negligence. Discuss the types of damages
Bob may recover.