In this assignment, you’ll need to decide
whether Patty Plaintiff has any legal claims arising from a series of
unfortunate events. After reading the scenario, answer the questions
that follow, making sure to fully explain the basis of your decision.
Patty Plaintiff is shopping at her
favorite store, Cash Mart. She is looking for a new laptop, but she
can’t find one she likes. Then, realizing that she is going to be late
for an appointment, she attempts to leave the store, walking very fast.
However, before she can leave, she is stopped by a security guard who
accuses her of shoplifting. Patty, who has taken nothing, denies any
wrong doing. The officer insists and takes Patty to a small room in the
back of the store. The guard tells Patty that if she attempts to leave
the room she will be arrested and sent to jail. At this point, the guard
leaves the room. Patty is scared and waits in the room for over an hour
until the manager comes in and apologizes and tells Patty that she is
free to go.
About this same time, Gerry Golfer is
hitting golf balls in his backyard. Gerry decides to break out his new
driver and hits a golf ball out of his backyard into the Cash Mart
parking lot. The golf ball hits Patty Plaintiff on the head and knocks
her unconscious just as she is leaving the store.
Five days later, after recovering from her
injuries, Patty returns to work at Acme Corporation. Unfortunately, she
used her company email to send her mom a personal email about her
injury despite being aware that Acme’s company policy prohibits use of
company email for personal communication. Patty’s supervisor, Barry
Bossley, discovers Patty’s violation and Patty is reprimanded. When
Patty goes home she uses her personal computer to post disparaging
comments about her boss and Acme Corporation on social media. The next
day Patty is fired from her job.
In 4-6 pages, answer the following
question: What types of legal claims could Patty make against Cash Mart,
Gerry, and Acme Corporation? Consider the following:
- What are the possible tort claims that Patty can make against Cash
Mart? Discuss the elements of the claim and how those elements relate to
the facts in the scenario.
- Was Gerry negligent when he hit the golf ball that injured Patty?
Discuss the elements of negligence and use facts from the scenario to
support your decision.
- Does Patty have a right to privacy when using Acme Corporation’s
e-mail system? Discuss the elements of the claim and how those elements
relate to the facts in the scenario.
- Can Patty be legally fired from her job for making negative comments
about her boss and her company on social media? Discuss the elements of
the claim and how those elements relate to the facts in the scenario. Below is the document with the grading rubric, please, follow that as well!