Torts Hypo - foreigner and one question :) Pls help!

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Torts Hypo - foreigner and one question :) Pls help!

Postby Jason123 » Sat May 07, 2011 5:40 pm

Hi everyone!

Could u answer me whether I am wrong ? if yes could u give me any tip ?

Under what theory or theories, if any, might Patron bring an action for damages against Homeowner, Burglar, or Cinema?

Homeowner - under negligence?
Burglar - under assault and battery?
cinema - under negligence ?

Hereafter a case.

Homeowner kept a handgun on his beside table in order to protect himself against intruders. A statute in state Machin provides that "all firearms must be stored in a secure container that is fully enclosed and locked". Burglar broke into Homeowner's house while Homeowner was out and stole the handgun,

Burglar subsequently used the handgun in an attack on Patron in a parking lot belonging to Cinema. Patron had just exited Cinema around midnight after viewing a late movie. During the attack, Burglar approached Patron and demanded that she hand over her purse. Patron refused. Burglar drew the handgun, pointed it at Patron, and stated, "You made me mad, so now I am goinf to shoot you". One of the employees of the Cinema witnessed the attack but did not offer to help Patron or call the police.

Patron fainted out of shock and suffered a concussion. Burglar took her purse and fled, but was later apprehended by the police. Cinema had been aware of several years previous attacks on its customers in the parking lot at night during the past several years,

Many thanks,

Regards !

User avatar
I.P. Daly
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Joined: Fri Nov 19, 2010 3:27 pm

Re: Torts Hypo - foreigner and one question :) Pls help!

Postby I.P. Daly » Tue May 10, 2011 8:52 am

At the very least, I'd also throw in a claim for IIED against Burglar.

I'd discuss the rules set out in Posecai v. Wal-Mart Stores, Inc. when discussing negligence against Cinema.

Maybe a claim for vicarious liability against Cinema, because the employee failed to assist Patron. Nonetheless, this can be dispelled because the employee was under no affirmative duty to act...

Foreseeability is probably the most difficult aspect under a claim of negligence against homeowner.

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