LAW2001 Johnson & Wales Tort Contract Damage Recoverable Assignment You are a manufacturer who had a very profitable contract with a large retail chain. On
LAW2001 Johnson & Wales Tort Contract Damage Recoverable Assignment You are a manufacturer who had a very profitable contract with a large retail chain. One of your competitors learned of this contract and contacted the retail chain to tell them that your products were poorly manufactured and that they should stop buying from you and buy everything from your competitor. The retail chain then breaches by canceling your contract and starts buying from your competitor. Your products were not poorly manufactured.
You can sue both the competitor and the retail chain for losses you suffered, one for a tort and one for breach of contract, but you are not allowed to recover twice for the same harm.
What is the tort you can sue for and who is the defendant?
Who do you sue for the breach of contract claim?
What damages would be recoverable from each defendant so that it would not be recovering the same damages twice? Fully explain your answer. ASSIGNMENT/CASE STUDY RUBRIC
This rubric is used to grade the 3 approximately 250-word assignments (each worth
100 points)
Answer (45 Points)
Did the student address all the points of the assignment?
Was the students position correct?
Did the student fully explain the position taken?
Was the student clear on their position.
Did the student express themselves professionally, using appropriate
word choice and formality as expected in academic writing?
Was the answer approximately 250 words or more.
Legal Support (45 Points)
Did the student support the position with references and citations to the
applicable law?
Did the student use the correct law to support his/her position?
Did the student fully explain the position taken?
Spelling/Grammar (10 Points each)
Late Work minus 50% of points earned
if you would have earned a 90 on the work, the grade posted will be a 45
There is an example short paper question and submission below.
EXAMPLE
Assignment: A limiting statute requires that a hotel post the necessary notice in the
registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in the
registration area and in Guest rooms but fails to post in the lobby, will the hotel be entitled to
limited liability? Why or why not?
Answer:
In this example, the hotel would not be entitled to limited liability. In order to receive the
protection of a limiting liability statute, hotels are required to strictly comply with the statutory
requirements. See,
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr
Therefore, the hotel in this situation would forfeit its ability to rely on the limiting
liability statute and be held responsible under the common law rule. The common law rule with
respect to hotels and lost or damaged property is one of absolute liability.
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 423.
There are three exceptions to absolute liability. If the loss was caused by an act of God, an act of
a public enemy, or the guests own negligence, the hotel would not be liable. Therefore, failure
to follow the law precisely will result in loss of the statutory protection and full liability under
the common law. Here, the hotel did not strictly comply with the statutory requirements.
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 431-433.
Here, the hotel failed to post the sign in the lobby (as required by the limited liability
statute); thus, the hotel would be fully liable for any valuables lost, damaged, or stolen. It is not
sufficient to post in two of the three locations required by law. The hotel must post in all the
locations required and post the notices conspicuously where guests can easily read the limitations
under the law as it pertains to their property. In some jurisdictions, it may also be necessary to
post the warnings regarding limited liability in foreign languages if it is reasonable to suspect
that someone who speaks another language may use the premises. In addition to where the
notices must be posted, the law requires that the dollar amount that the guest would be limited to
recover from the hotel also be listed in the notices and that. The hotel here would bear full
liability for any loss that may occur given the failure to comply.
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