BUL3130 Critical Legal Thinking Case Study # 2

Question Description

Draft your response using the format found in the Example CLTCA Submission with APA Format.

Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company’s best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.

Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck off-loading gasoline to the station’s gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim.”

Can Jim recover damages from Ruth; from Flowers’ Inc? Why or why not?
Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth.
Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.


Textbook: Managers and the Legal Environment Strategies for Business by Constance E. Bagley, 9th Edition covering Chapters 9, 10, and 14.


Critical Legal Thinking Case Study Rubric

Criteria Ratings Pts

This criterion is linked to a Learning OutcomeRecognize the applicable areas of law

12.5 to >11.24 pts

Excellent

Correctly states each area of applicable law

11.24 to >9.99 pts

Good

Correctly states all but one area of applicable law

9.99 to >8.74 pts

Average

Correctly states most of the areas of applicable law

8.74 to >0 pts

Needs Improvement

Misstates the areas of applicable law

12.5 pts

This criterion is linked to a Learning OutcomeIdentify the applicable principles of law

25.0 to >22.49 pts

Excellent

Correctly states each element or principle of law

22.49 to >19.99 pts

Good

Correctly states most of the elements or principles of law

19.99 to >17.49 pts

Average

Correctly states some of the elements or principles of law

17.49 to >0 pts

Needs Improvement

Correctly states only a few of the element or principles of law

25.0 pts

This criterion is linked to a Learning OutcomeIdentify the key facts

25.0 to >22.49 pts

Excellent

Correctly identifies each of the key facts

22.49 to >19.99 pts

Good

Correctly identifies most of the key facts

19.99 to >17.49 pts

Average

Correctly identifies some of the key facts

17.49 to >0 pts

Needs Improvement

Correctly identifies only a few of the key facts

25.0 pts

This criterion is linked to a Learning OutcomeApply the law to the facts to resolve the issue

25.0 to >22.49 pts

Excellent

States a decision that resolves the issue, supported by application of the elements or principles of law to the facts

22.49 to >19.99 pts

Good

States a decision that resolves the issue, but fails to fully support it by application of the elements or principles of law to the facts

19.99 to >17.49 pts

Average

States a decision that resolves the issue, but fails to support it by application of the elements or principles of law to the facts

17.49 to >0 pts

Needs Improvement

Fails to state a decision that resolves the issue

25.0 pts

This criterion is linked to a Learning OutcomeAPA Format; Organization; and grammar, punctuation, and spelling

12.5 to >11.24 pts

Excellent

Good, logical organization with no errors

11.24 to >9.99 pts

Good

Good, logical organization with only one or two errors

9.99 to >8.74 pts

Average

Good, logical organization with several errors

8.74 to >0 pts

Needs Improvement

Confusing organization, or numerous errors

12.5 pts

Total Points: 100.0

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