LEGAL ENVIRONMENT OF BUSINESS
WRITING ASSIGNMENT
Instructions:
1. You are reading Chapters 6 and 7 of your Legal Environment of Business textbook.
2. Apply your knowledge on the different torts, including negligence, trespassing and the other torts, along with the elements or requirements to establish a tort has been committed.
3. Apply your knowledge of what it means to commit a tort and the damages the tortfeasor may be responsible for as the injured person seeks remedies for their tortious act.
4. Review the following fact situation—You will be familiar with this scenario:
When we last reviewed the fact situation below between Tom, Bobby and Bill, Bobby had contacted his lawyer wanting to sue Bill for breach of contract by claiming he failed to build a fence between Tom and Bobby’s land to protect Bobby’s onion crop as he promised. Bobby sought to be compensated for his damaged onion crop. After reviewing matter, Bobby’s attorney realizes that Bobby may not have luck recovering under contractual law. Bobby’s lawyer contacts Bobby and asks him to re-tell him the fact situation.
Tom owns 100 acres of land. Bobby owns 100 acres next to Tom that he uses to grow onions. There is no fence dividing Tom and Bobby’s land. Bill owns 300 acres next to Tom that he uses to graze cattle, but he needs another 100 acres for his cattle. Tom agrees to lease his land to Bill, and they sign a lease contract. Bobby learns of the lease and approaches Tom that he is concerned that his onion crop will be destroyed by the cattle without something to keep the cattle on Tom’s property. Tom promises Bobby he will talk to Bill. Tom talks to Bill about Bobby’s concern, and Bill promises Tom to construct a fence between Tom and Bobby’s land. Tom tells Bobby what Bill said. Bobby thanks Tom. Bill brings his cattle onto his 300 acres and lets them graze freely on his and the land he leased from Tom. One morning Bobby inspects his onion crop, and it is destroyed. $100,000.00 worth of onions gone. It was all trampled on and chewed up. Bobby is devastated and angrily contacts Tom about what happened and his failure to have the fence built. Tom feels bad, but he says he has no control over what happened. He thought Bill would comply with his promise to him to build a fence. Bobby then calls Bill, who denies his cattle caused the damage because he had that morning accounted for all his cattle on his 300 acres. Bobby asks Bill why he had not built the fence he promised to build for him. Bill says he does not recall promising to build a fence for Bobby.
LEGAL ENVIRONMENT OF BUSINESS BA3310 -280 and 281
WRITING ASSIGNMENT (WA) 3
5. Writing Assignment:
A. Again, you work for the lawyer Bobby contacted. The lawyer wants you to AGAIN review the facts and write him a memorandum but this time to determine if Bobby has a chance of being awarded damages in a court of law from Bill and/or Tom based on the law of torts.
B. Based on what you have learned about torts, damages, and remedies, will Bobby prevail against Bill and get a remedy he wants for his damaged onion crop?
C. This Writing Assignment does not require you to research beyond what you have read in your textbook, but I offer you the following.
For this scenario: In the county where Tom, Bobby and Bill own their property, cattle are not allowed to run large, which means to graze or roam freely across land and onto roadways without concern for fencing. Also, neither Tom, Bobby, nor Bill is required by law to fence against animals that may run large onto their property.
.
D. What am I looking for in YOUR memorandum?
i. Part A—85% OF YOUR GRADE:
1. An introductory paragraph with YOUR thesis answering: Is there or is there not a tort Bobby can sue Bill and/or Tom for? Will Bobby be compensated for this damaged onion crop? If so, by whom?
2. Supporting paragraphs for YOUR thesis.
a. These supporting paragraphs should note why there is or is not a tort(s) that was committed with you noting the elements that support the tort(s) you find that was committed, i.e., if you find trespass, why is it a trespass? What elements of a trespass were met? Etc.
b. These supporting paragraphs should also note why Bobby will or will not be compensated for his onion crop or any other damages he may claim that you find are supported by the facts. Note the type of remedy he is or is not entitled to and provide why that remedy is supported.
3. A conclusion paragraph that brings it all together and restates your thesis and the reasons your thesis is correct.
Note: As you read the facts and prepare your assignment, do not forget the 6 W’s – Who, What, Where, When, Why and How. Being able to answer these will help make your writing more specific, clear, and complete.
Note: There is a general RIGHT answer to this set of facts. Getting it correct will help you get a better grade. I say general because there may be more than one tort your find. While I hope you can fully get the right answer as to the tort(s) involved, your
LEGAL ENVIRONMENT OF BUSINESS
WRITING ASSIGNMENT
grade will depend on how you articulate your answer as to the tort you address.
REVIEW THE POSTED RUBRIC on Blackboard that provides guidance on how your grade is determined.
ii. Part B—15% OF YOUR GRADE:
1. Depending on your answer to Part A on whether there is or is not a tort(s) and the damages Bobby may or may not be entitled to recover, I want you to then answer the following:
For this Part B: What if the county where Tom, Bobby and Bill own their property, cattle are allowed to run large, which means to graze or roam freely across land and onto roadways without concern for fencing? Also, what if a property owner is required by law to fence against animals that may run large onto their property.
a. What would happen to Bobby’s claims and remedies?
b. Does the burden to protect Bobby’s land and onion crop shift all to Bobby?
c. From what you have learned up to this point in the class, what would you suggest Bobby do if he is concerned that he might bear all the responsibility?
E. REQUIREMENTS:
Part A should be about at least 2 pages but no more than 4 pages in length—double spaced.
Part B should be about 1 page at most—double spaced.
Font – Times New Roman, 12 point
Be sure to double check your spelling, punctuation, capitalization, and grammar. This will lower your score instantly. These errors also let the reader (your instructor) know you did not take the time to review your paper before submitting it.
Be sure to number your pages and include your name in the header or footer.
NO REFERENCES – THIS SHOULD BE IN YOUR OWN WRITING VOICE.
I want to see your critical thinking and analysis – there is no source that will give you the answer.
DO NOT COPY FROM EACH OTHER. I WILL KNOW.
Helpful links for your writing:
Five Elements of Effective Writing: http://www.wilbers.com/Elements-Wilbers.pdf.
IRAC method videos on Blackboard and in your textbook
Class Rubric posted in Blackboard
