Assignments & Exams

Course:Torts & Personal Injury: PLG-101-2007

Assignment:Assignment 3 - based on classes 5-8

Assignment #3

Jake, Alex and Ethan are teenagers out for a walk on Center Street when they spot a bright and inviting Christmas display on the Smith's property. Without meaning to damage anything, they decide to walk across the lawn to get a closer look.

Unknown to them, there is a faulty electrical connection on one of the mini twinkle lights. Mr. Smith had intended to repair the wiring but he didn't get around to it before installing the display. In addition, there are a few groundhog holes on the front lawn that Mr. Smith knows about but never worried about because he knows where each one is.

As the three teens stealthily creep across the yard toward the lit up decorations, Jake steps right into a groundhog hole, twists his ankle and falls with a howl right into the tree with the shorted wire, causing him to get a shock on his arm and shorting out all the decorations on that circuit.

Jake sues Mr. Smith for negligence.

Please answer the following questions in approximately one paragraph each based on the courseware and what you learned in class. There is no need to research or use case law to answer these questions.

1) For purposes of liability of land occupiers, what class of entrants is Jake considered part of? What are the rights of this class of entrants?

2) What special rule or doctrine could potentially lead to Mr. Smith's liability to Jake?

3) All things considered, do you think Mr. Smith will be liable? Why or why not?

4) Mr. Smith wants to sue Jake for shorting out all the decorations and ruining the circuit. For what tort would he do so? Will Jake be held liable? Explain.

An IRAC-style essay is NOT necessary for this assignment.