Dina, 12, looks 18. Her mother, Mary, lives with her in a state with an eighteen-year-old majority.Dina
Question:
Dina, 12, looks 18. Her mother, Mary, lives with her in a state with an eighteen-year-old majority.Dina offended neighbors, but she's never hurt, anybody. Mary knows Dina's schizophrenia diagnosis and violent, delusional conduct, but she's too busy going to Webster night school to care. Dina stopped taking her anti-psychotic medication and phoned their new neighbor Paul two weeks after she stopped taking her prescription.
Dina ran away from Paul after shouting, "I know you're out to get me and I'm going to get you first." Paul, a massive Marine, didn't take Dina's warning seriously and phoned Mary to report Dina's mental illness. Mary admonished Dina, admonished her, and asked her to take her medication. After confronting Paul, Dina bicycled straight toward Paul and a rake struck his head, injuring him. Mary never backed up Dina.
Paul has sued both Dina and Mary, alleging four tort causes of action; assault (against Dina); battery (also against Dina); negligent representation (against Mary, for telling Paul not to worry); and vicarious liability (against Mary for the tort of the minor child under her care and control). Answer all questions .
- Is Paul entitled to recover on his claim against Dina for: a. Assault? Why or why not? b. Battery? Why or why not?
- Is Paul entitled to recover against Mary for negligent misrepresentation? a.Why or why not?
- On the ground that Mary is vicariously liable for Dina's conduct because she is her mother and is under her care and control. a.Why or why not?
Accounting Information Systems
ISBN: 978-0133428537
13th edition
Authors: Marshall B. Romney, Paul J. Steinbart