1 What defense will Ragged Mountain probably assert 2 The central question in

1 what defense will ragged mountain probably assert 2

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federal district court in Illinois exercise jurisdiction in this case? 1. What defense will Ragged Mountain probably assert? 2. The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport applies to Elaine’s suit. What would your decision be on this issue? Why? 3. Suppose that the court concludes that the statute applies only to skiing and not to snow tubing. Will Elaine’s lawsuit be successful? Explain. 4. Now suppose that the jury concludes that Elaine was partly at fault for the accident. Under what theory might her damages be reduced in proportion to how much her actions contributed to the accident and her resulting injuries? 5. DEBATE THIS: All liability suits against tobacco companies for causing lung cancer BUSA303, Business Law and Ethics 23
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Learning Objectives What is defamation? Name two types of defamation. Identify the four elements of negligence. What is meant by strict liability? In what circumstances is strict liability applied? What are three types of product defects? What defenses to liability can be raised in a product liability lawsuit? BUSA303, Business Law and Ethics 24
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Discussion Questions Which torts protect against the intentional interference with persons? What is the basis for the tort of defamation? What are defenses to charges of wrongful interference with the business rights of others? Which torts protect against the intentional interference with property? Should the application of the concept of proximate cause be expanded to allow recovery in more cases, or should it be limited to reduce the frequency and amounts of recovery? Why? On what public policy grounds is strict liability imposed? What is meant by strict liability? In what circumstances is strict liability applied? To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care? What are the requirements for a cause of action in strict liability in a product liability suit? Can an injured bystander recover from a manufacturer or seller on a strict liability theory? BUSA303, Business Law and Ethics 25
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Tort Law and Product Liability Chapter 3 BUSA303, Business Law and Ethics 26
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