Legal Issue Spotting and Factual Analysis

Written Assignment 1 – Legal Issue Spotting and Factual Analysis


Analyze the fact scenarios, involving tort law (chapters 5 and 6 of course textbook) and write an answer by

discussing each of the following:

(1) Issue: List the tort(s) in each scenario, identifying (by name) each tort that has, or may have, been committed.

This requires comparing and contrasting the differences between negligence, intentional, strict liability, and

business torts (recall that a tort is a civil wrong for which relief can be granted);

(2) Rule/Law: Describe the prima-facie case at law for each tort by giving the definition and listing the essential

elements of each tort identified;

(3) Analysis of Facts: For each tort identify the relevant facts, assess the facts and the law and give your

analysis for determining whether or not a tort has been committed. This requires appraising the strengths and

weaknesses of each set of facts relative to the law and determining whether a tort has occurred (whether the

definition or elements of the tort have been met based on the facts presented);

(4) Defenses: Discussing any relevant defenses available as they apply to the facts stated, and determine whether

the defense may be asserted based on the facts;

(5) Conclusion/Damages: State whether, based on your analysis and defenses (above), a tort has been committed

and assess the likelihood and amount of recovery (damages).

Format: Your answers should be typewritten and printed on paper (stapled together if more than one page) to

be turned in with your name and course section number printed at the top of the first page. Organize your

responses so that it is suitably presentable for review and assessment by performing the above steps (1-6) for each

section of this facts scenario in order.

Due date: This assignment is due by the beginning of the first class in week 10 of the semester.

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