OCC Business Law Question

Assignment 2 TortsBattery
1. One night Ernie and Jerry decided to stop at Steakhouse for a late snack. As they drove up
the “drive-thru” line, Rita the waitress informed them through the intercom system that the
restaurant was closing and no further orders would be accepted. She told Ernie and Jerry that
the last car to be served was the one directly in front of theirs. Ernie, who was driving the car,
became angry and yelled into the intercom machine, “Listen, babe, ‘Boss Man’” and me are
hungry. We want two cheese-steak sandwiches, a large fries and two cokes.” Rita retorted, “I’m
terribly sorry, but we cannot accept your order.”
Shortly thereafter, Rita handed the food order to the passengers in the car immediately in front
of Ernie’s. Ernie turned to Jerry and said, “Man, I thought it would be fun having a cheese-steak
tonight. Now, I’m feeling sad and no one makes Ernie sad. Ernie then drove his automobile up
to the service window and shouted at Rita, “You can’t do this to us.” When Rita laughed, Ernie
suddenly reached into the car’s glove compartment and pulled out a gun. He aimed at Rita and
fired the weapon intending to hit her. The bullet missed Rita but hit Paul West, a customer,
wounding him in the head.
In an action by West against Ernie for battery, plaintiff will be
a. successful, since Ernie intended to shoot Rita.
b. successful, because the shooting created a ‘clear and present danger’ that someone else
could suffer serious bodily injury.
c. successful, because there was a ‘substantial certainty’ that West would be hit by the
bullet.
d. unsuccessful, because Ernie did not intend to shoot West.
Trespassing
2. Dog invites Penguin to a party at his house. The have a lot of fun. At the end of the evening
Dog asks Penguin to leave and Pinguin refuses saying he will stay at Dog’s house. Is Penguin
liable for trespass?
a. Penguin is liable for the trespass since he failed to leave after his permission to be on
the property was revoked.
b. Penguin is not liable for the trespass since he had a long way to drive and was tired.
3. To make his walk home shorter, Dog cuts through Penguin’s back yard. While walking on
Penguin’s property, Dog drops a pack of cigarettes on Penquis’s lawn. Is Dog liable for
trespassing?
a. No, Dog was in a hurry and this was the shortest way.
b. Yes, Dog will be liable for walking on Penguin’s land.
c. Yes, Dog will be liable for two trespasses, one for walking on Penguin’s land and another
for leaving a pack of cigarettes on the property.
Negligence
Harm:
The Plaintiff must suffer harm in order to sue for negligence. If he suffers no harm, he cannot
sue.
4. Penguin is a parachuter. One day, while jumping from a plane, he suffers a bad fall and
breaks his right leg. At the hospital, the doctor accidentally casts Penguin’s left leg. The left leg
remains in a cast for two months while the broken right leg goes untreated. Somehow, the
broken right leg heals by itself and Penguin suffers no harm because of the doctor’s mistake.
Can Penguin sue the doctor for negligence?
a. Yes, Penguin can sue because the doctor was incompetent and didn’t know what he
was doing.
b. Because Penguin has not suffered any harm, he will not be able to sue the doctor for
negligence.
Fact v Opinion
As a general rule, liability is limited to false statement of fact.
5. Are those statements actionable as misstatements of fact:
a. I don’t think there is another horse as good as this one in the whole country.
b. I think this area has tremendous potential for development.
c. This bracelet has to be worth at least $1,000.
d. None are actionable