Preview

Tort

Good Essays
Open Document
Open Document
590 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tort
Case Questions 1. What did Woolley do to show his acceptance of the terms of employment offered to him?
Woolley continued to work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here, the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue?
The executor of Mr. Wolley’s estate could continue the lawsuit and proceed with the case in the name of the plaintiff. If any damages were awarded they would be distributed by the executor to the family members. 3. The court here is changing the law of employment in New Jersey. It is making case law, and the rule here articulated governs similar future cases in New Jersey. Why did the court make this change?
The court made the change to avoid having disgruntled employees sue their employers for no reason. An employer has the right to keep or release and employee just as an employee has the right to stay with a company or to quit.
Why is it relevant that the court says it would be easy for an employer to avoid this problem? I think it is relevant to encourage other employers to add a simple statement in the handbooks to avoid taking up the courts time and resources. This would also clear up any future confusion.

Case Questions 1. What objective evidence was there to support the defendants’ contention that they were just kidding when they agreed to sell the farm?
There is no objective evidence that this was a joke. Many business deals are transacted in a bar while drinking. The defendants’ did not outwardly make it know that they were kidding, the husband even whispered to his wife. 2. Suppose the defendants really did think the whole thing was a kind of joke. Would that make any difference?
If would not make a difference if the defendants really were joking as they did not make it known to the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The court case was about The Ransom Of Red Chief. The teams defended the witnesses such as Red Chief, Sam, Bill. The prosecuting team believed that Bill didn’t get kidnapped by those two kidnappers. The defense team believed that Bill was mentally challenged and Red Chief did harm his kids and abuse the cat. The prosecuting team said that Red Chief was hounded down by those two kidnappers and lured in by some candy that they had hidden. They conjointly believed that they put her in a bag and yielded her into a little shed. The prosecuting team won the case by way of evidence. I believe that the defense team should have won by way of evidence from the trial.…

    • 121 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    1. Legal Issues: Linda Dillon sued her former employer, Champion Jogbra, claiming that it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion claimed that Dillon was an at-will employee, and thus could be terminated at any time, and that nothing in the employee handbook created any contract rights. To support this claim, Champion pointed to the prominent disclaimer on page one of the handbook, which stated:…

    • 1060 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    * This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased.…

    • 864 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Torts 1 Outline Pittman

    • 27721 Words
    • 111 Pages

    1. Facts: P’s husband injured in fire on D’s premises, lived for 9 days, then died. P sued under WD and Survival statues.…

    • 27721 Words
    • 111 Pages
    Satisfactory Essays
  • Powerful Essays

    LA 245 Study Guide

    • 6344 Words
    • 24 Pages

    It is up to the injured party to seek compensation – this lawyer has to convince the judge that the defendant breached legal duty and owes money…

    • 6344 Words
    • 24 Pages
    Powerful Essays
  • Good Essays

    Courtroom Oberservation

    • 612 Words
    • 3 Pages

    Based on the courtroom observations there appeared to be insuff evience to grant the defendant a summary judgment. The facts of…

    • 612 Words
    • 3 Pages
    Good Essays
  • Good Essays

    12 Angry Men

    • 611 Words
    • 3 Pages

    1.How do you think you might have acted as a juror in this case ? How would you had interacted ?…

    • 611 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The plaintiff being the state represented by the District Attorney was right in their determination to hold somebody liable for these actions. Had there not been an…

    • 3050 Words
    • 13 Pages
    Good Essays
  • Good Essays

    * The alleged incident took place after a substantial amount of alcohol had been consumed, putting my client in a different state of mind.…

    • 1365 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    3. List three pieces of evidence against the boy on trial, and then tell how the jurors prove those pieces of evidence wrong.…

    • 125 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Courtroom Obersvation

    • 2600 Words
    • 11 Pages

    The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case which was argued before the United States District Court for the Northern District of Indiana, case number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern.…

    • 2600 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Rights of Juveniles

    • 1280 Words
    • 6 Pages

    B) In re Winship - This was the case of a 12 year old boy named Samuel Winship, who was believed to have entered a locker and stole $112. Even though there was not enough evidence beyond a reasonable doubt, Winship was believed to be guilty and sent to a training school for 18 months with the…

    • 1280 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    What is Tort Law

    • 1588 Words
    • 7 Pages

    Harry, aged 10, is a pupil at St Botolph’s. One day last year he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day, but Mrs Tourniquet, the biology teacher who has been employed by the school for 2 years, attended to him. Mrs Tourniquet had as a young woman qualified as a nurse, but was not employed in that capacity by the school. Indeed, following an incident two years ago, she had been told by Marvin not to give nursing assistance to pupils. She washed and disinfected the wound and applied bandages, telling Harry to keep it completely covered for the next week. Harry was in increasing pain during the ensuing week, but his mother, Mrs Woebegone, told him that he should not be childish and that he should do as Mrs Tourniquet had instructed. One evening six days after the fall Harry was in such pain that he removed the bandage. The wound had become seriously infected. He was taken to hospital, but it was discovered that the infection had spread to the bone. His leg had to be amputated.…

    • 1588 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    mensalao scandal

    • 457 Words
    • 2 Pages

    In August, after the hearing started, pollsters found that though four-fifths believed the accusations, only a tenth thought any of those on trial would end up in jail. Judging by their insouciance, the defendants thought the same.…

    • 457 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Defamation notes

    • 1131 Words
    • 4 Pages

    Defendant need not ascertained beforehand the likely effect of his words as long as his actions were done voluntarily. What is relevant is that the words were understood by others in a defamatory sense.…

    • 1131 Words
    • 4 Pages
    Satisfactory Essays