Law Assignment
Assignment 1: Negligence and Duty of CareAssignment ScenarioAs pedestrians exited at the close of an arts and crafts show, Jason Davis, an employeeof the show’s producer, stood near the exit. Suddenly and without warning, Davis turnedaround and collided with Yvonne Esposito, an 80-year-old woman. Esposito wasknocked to the ground, fracturing her hip. After hip replacement surgery, she was leftwith a permanent physical impairment. Esposito filed suit in a federal district courtagainst Davis and others, alleging negligence.In your paper, answer the following questions:1. What are the factors that indicate whether Davis owed Esposito a duty ofcare?2. What do those factors indicate in these circumstances?In your responses to the above questions, be sure to:• Discuss the tort of negligence and how it applies to our facts.• Discuss the duty of the storeowner to protect customers from harm.Assignment 2: Case AnalysisThe CaseReview the following case. Prepare an analysis that will demonstrate your ability to bothanswer the questions presented and incorporate theories and concepts from this week’smaterial.Thomas Baker and others who bought new homes from Osborne Development Corp.sued for multiple defects in the houses they purchased. When Osborne sold the homes,it paid for them to be in a new home warranty program administered by Home BuyersWarranty (HBW). When the Company enrolled a home with HBW, Osborne paid a feeand filled out a form that stated the following: “By signing below, you acknowledge thatyou CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THEBINDING ARBITRATION PROVISION contained therein. HBW then issued warrantybooklets to the new homeowners that stated: “Any and all claims disputes andcontroversies by or between the Homeowner, the Builder, the Warrant Insurer and/orHBW shall be submitted to arbitration.”[ LS311 | Business Law ]You Can Do IT! 2Would the new homeowners be bound by the arbitration agreement, or could they suethe builder, Osborne, in court?In responding to the question be sure to:• Discuss what courts are saying about the enforcement of arbitrationclauses in contracts.• Utilize the decision in the NCR Corp v Korala Associates, Ltd. as a basisfor answer. For more information on this case go tohttp://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf.
