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- Download: http://writingsdepot.com/downloads/torts/
- Write a 1,500 to 2,000-word proposal for your client in which you discuss the following:
- What are the potential torts involved that might affect your client?
- What are possible defenses each defendant might assert?
- How will each tort claim be resolved; i.e., who will win and why?
- What damages will the prevailing party in each tort claim be awarded and how will the damages be calculated?
- Scenario:
- William worked on commissions at BigBox Inc. (BigBox). Since, sales were declining, BigBox’
- manager told the salespersons they needed to make more sales or the company was going to close.
- William began trying to sell more products. He told several of his customers that the products in
- which they were interested came with free five-year warranties. Because of this warranty, many
- customers bought products they would not have otherwise purchased.
- One day, a customer, Dave, asked to look at a pistol. William handed the pistol to Dave who
- examined it and said he would take the pistol and a box of bullets. When William put the bullets
- on the counter and turned away to ring up the sale, Dave took the bullets, loaded the pistol, and
- shot a woman who was walking with a man in the next aisle. Upon seeing his wife shot, the man
- had a heart attack.
- Dave then aimed at another person, but William knocked him down, spoiling the shot. Dave and
- William struggled until William knocked Dave unconscious. The store security guard came over
- and kicked Dave in the side, breaking one of Dave’s ribs. William and the security guard locked
- Dave in a storage room until the police came.
- The police did not arrive for some time. Before they got there, Dave screamed at William and the
- Guard saying he needed medical attention. The security guard told Dave, be quiet or I will break
- another rib! Dave was not released from the storage room until the police arrived.
- Two years after the shooting incident, some customers began having problems with their products
- and called BigBox to have the products fixed under the extended warranties William said existed.
- When the customers were informed that there were no such warranties, they were angry. One of
- the irate customers filed a lawsuit against BigBox. When the manager found out about the lawsuit,
- he fired William and demanded that William leave immediately. The manager had security escort
- William out of the store in front of the other employees, who were shocked. When asked by the
- other employees about what happened, the manager told them that William was fired for stealing for the company.
- Download: http://writingsdepot.com/downloads/torts/
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