Tort Cases
Tort Cases
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Assignment requested deadline April 23 by 12pm. Please read below for information concerning assignment. You may access the school’s website by logging into https://mycampus.southuniversity.edu/portal/server.pt
Part 1
The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. Use the textbook, lectures and scholarly outside sources to support your work. As in all assignments, cite your sources in your work and provide references for the citations in APA format. Post the answers to both parts in one discussion post and do not attach documents.
Scenario 1 – Video Games
You just bought a new gaming system. You are playing the game for the first time with your friend, Ted, who loses almost every game. All of a sudden, Ted grabs the playing device out of your hands, holds it like he is going to hit you, and screams that if he loses one more time, he’s going beat you with the gaming device. As he is throwing the controller at you, a short in the controller causes it to electrify, electrocuting you and Ted and causing a fire in your home. There was significant damage to your home, and you and Ted both suffered physical injuries. You can no longer play video games without having flashbacks.
What if any torts might Ted have committed? Explain
Can any tort claims be raised against the gaming system manufacturer? If so, explain.
What legal defenses might be raised to these claims and what remedies might be sought for the damage and injuries?
Part2
Select one of the intellectual property cases/disputes below or conduct a search for a case using the name of a high profile company using, the name of the company combined with terms such as intellectual property, trademark, copyright or patents. Since some disputes are settled by the parties prior to litigation, you may not find actual cases for all intellectual property issues, but you may find some scholarly articles about the dispute.
I’ve chosen: Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 2009
Provide the following information about the case or potential lawsuit.
Names of parties involved
Type of intellectual property involved in the dispute (Patent, Trademark, Copyright)
Summary of the issues that include description of the protected property, description of offense and name of the party that allegedly violated the intellectual property rights of the other.
Results
If the case has already been decided, provide information about the outcome and your opinion of the decision.
If the case has not been decided, provide information about how you think a judge should rule.
SAMPLE ANSWER
Tort Cases
Part A
In the case of Ted, it can be summed that he committed negligence tort given that the he did not follow expected code of conduct in the use of the video game. Their accident is as a result of deliberate action, carelessness from Ted resulting in complete harm and damage. Negligence torts transpire when a person fails to act reasonably and therefore jeopardizes the safety of others around them. In this scenario, Ted satisfies the position of a negligence tort considering his actions.
The gaming system manufacturer can be sued for strict liability tort given that there were injury and destruction of property accounted as a result of Ted actions. Strict liability can be imposed on the manufacturing company without proof of negligence or fault provided there are injuries which are provided in this case (Van Dam, 2011).
The defendant can evade the claim by proving that the plaintiff’s actions were a misuse and abuse of the product in a way that was not intended or foreseen. Thus, the injury and damage are not entirely the defendant but the plaintiff’s.
Part B
The civil cases main parties involved are the plaintiff as Starbucks Corporation and Starbucks U.S Brand whereas on the defendant side is the Wolfe. The intellectual dispute involved in this case is federal trademark infringement and unfair competition. The case holds some degree of similarity in the federal. Trademark between Starbuck and Charbucks mark contain some similarity that affected the trademark of the two companies. The case was ruled against Starbucks; the court claimed there was a trademark dilution that caused unfair competition between the two companies
References
Matheson, J.A. & Gelchinsky, J. M. (2010). Starbucks Corp. v. Wolfe�s Borough Coffee, Inc.,
588 F.3d 97 (2d Cir. Dec. 3, 2009)’ Finnegan, Washington, DC
Van Dam, C. (2011). Tort Law and Human Rights: Brothers in Arms On the Role of Tort Law in
the Area of Business and Human Rights. Journal Of European Tort Law, 2(3), 221-254. doi:10.1515/JETL.2011.221
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