Discussion 2: Business Risks: Torts and Crime
In this Discussion, you will explore risks to businesses associated with torts and crimes.
The following Learning Materials will help you with Discussion 2.
Chapter 6, “Crime”
Chapter 7, “Intentional Torts and Business Torts”
Chapter 8, “Negligence, Strict Tiability, and Product Liability”
Chapter 6 discusses crimes that commonly harm businesses, such as corruption, tax evasion, larceny, fraud, embezzlement, and hacking. Chapter 7 discusses intentional torts, which are purposeful actions that cause harm to others. Chapter 8 discusses tort causes of action arising from accidents (negligent) as well as poorly designed or manufactured products.
Post a 250-300 word response to the following Discussion prompt. Ensure that your response answers all parts of the question and is supported by both in-text citations and a reference list.
A new truck, manufactured by General Motors Corp. (GMC), stalled in rush-hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truckâ€s electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck (a small delivery truck with a fully enclosed body and no back windows) approached the GMC truck. Immediately behind the panel truck, Davis was driving a Volkswagen coupe. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him.
Davisâ€s widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis; (2) no factual causation; and (3) no foreseeable harm.
Discuss the merits of each of the three defenses that GMC has raised.
NOTE FROM THE PROFESSOR:
1. There’s no need to reiterate the facts or cut and paste the question. Don’t waste your valuable space and word count.
2. Stay on course. Focus on what the question is asking. Remember to stay on focus. You will certainly have your opinion on the correct conclusion to the case but the application of law usually does not involve politics, opinion, or social policy arguments – especially when its supposed to be 250-300 words.
3. Be careful with your citations and sources. I don’t care about the format of the citations, but I do very much care about the sources you use. Please do not use Wikipedia, blogs (especially those written by attorneys or advocacy groups), or popular press. Of course you can refer to those to get a better understanding of the case, but they will not help you, and maybe even hurt you when understanding the law. Please also use specific page references in both your initial post and in your responses to your classmates’ posts.
4. Finally, don’t feel that the burden of the world is on your shoulders with these discussion posts. I am not asking you to uncover every legal issue in the original cases.
5. As a general rule, the call of the question has all of the facts that you need to be able to mechanically apply the rule. This is not a case brief exercise. It is an analytical exercise where I am giving you facts and asking you to apply the rule learned this week to come out with a reasoned conclusion. In fact, there is no right or wrong answer, just a right or wrong way of answering the question.