International Torts and Business Torts - Assignment Example

1) Is there defamation? What do you do as the head of the company?
The clause will legally bind the employees from releasing confidential company secrets other than in compliance with legal obligations in a court of law or statutory duty. In addition, the employees should not disclose information to anyone who has not signed a non-disclosure agreement with the company, failure to which the company will take legal action against the employee for breach of contract (Brewer 12).

2) a) Is this an assault and battery?
According to Brewer, assault is the threat to harm with the apparent ability to do so (74). Battery involves the harmful touching of an individual. In the case above, it is an assault case since the fake punch B took on A qualified as a threat to punch. In addition, B had the apparent ability to punch A due to their close proximity in the car.

b) What should the sheriff do?
False Imprisonment is the act of restraining a person from free movement, either through physical force, a failure to release, or physical barriers. For a false imprisonment charge to hold in a court of law, the act must be unlawful and must be against the will of the plaintiff. In addition, there must be force or threat to force. However, in the case between A and B, there is no false imprisonment since A has valid proof of cause for the alleged imprisonment; B was drunk and his life would have been in danger from the bears and witches. The sheriff should arrest B on drunk and disorderly charges (Brewer 23).

3) What is Comparative Negligence? Explain how it works in calculating damages?
Comparative Negligence is a law implemented in accident cases to ascertain responsibility and damages in proportion to the level of negligence of all the parties involved in the accident. In order to calculate the damages, two approaches are used:
i. Pure Comparative Negligence- The plaintiff’s totaled damages are reduced by the measure of his contribution to the accident.
ii. Modified Comparative Negligence- The plaintiff is barred from recovering any damages if he is more responsible for the accident or equally responsible. Therefore, so as to recover damages, the plaintiff must have been less responsible for the accident.

4) What is Duty to Mitigate?
The law of Duty to Mitigate occurs when an individual suffers a loss due to a breach of contract. As a result, he has the legal mandate to minimize the effects of the injury. An innocent party should not make any sacrifices to avoid loss from a breach of contract (Brewer 55). For example, a landlord has a duty to find another tenant if the current tenant breaches the contract. Secondly, a creditor has a duty to sell the product if a debtor breaches the sale contract.

5) i) Look around your house and list five items that have warning labels on them.
They include toothpaste tubes, deodorant spray, medicine bottles, glycerine bottles, packaged food.
ii) Tell me whether the danger that these products have is common knowledge or that they are hidden such that the warning has real meaning.
The common danger that many of these products have is that they are highly inflammable. Secondly, the glycerine bottle expired food and the deodorant spray is not edible. In general, the warnings are common knowledge (Baldwin and Runkle 44).

iii) Why is the poison symbol (the skull and crossbones symbol) no longer in use?
Baldwin and Runkle state, that the skull and crossbones symbol is generally used as a warning for poisonous and toxic substances (24). However, due to movies and media, the symbol has been associated with pirates and children love pirates. As a result, the authorities will encourage children to ingest or play with toxic substances. The symbol is now being replaced by the Mr. Yuk symbol.