30 Jun commercial law
A police officer gets an anonymous tip that you have been laundering money. She walks behind your house to find your recycling bin. She rummages through it until she finds a check with your name and address on it. She then breaks down your door and pulls her firearm yelling, “You’re under arrest!” She drags you out into the street and shoves you into her squad car.
You are held for 3 days, and after requesting an attorney, you are told to “F*** Off.” The police continue to question you for 12 more hours, and then finally you are let go when they realize the check in your trash was actually just a personal check your mother wrote to you.
Were there any violations of due process in this scenario? If so, what were they?
Part 2:
SpaceX – a company founded by Elon Musk – is testing their newest rocket. The rocket malfunctions upon launch. A piece of the rocket comes flying into your company’s front lobby and strikes a visitor. The visitor, Martha, is at your company to visit her grandson, Josh, who is one of your Junior Marketing Assistants. Josh did not know that Martha would be visiting, she came as a surprise for his birthday. She is badly wounded; the debris struck her leg and caused a large gaping wound. She is immediately rushed to the hospital in an ambulance.
The next day, Elon Musk stops by your office. He is concerned about the rocket incident and wanted to let you know that it was not SpaceX’s fault. They hired an engineer who had a history of making simple and unreasonable errors, and in this case, he had forgotten to attach the fuselage to the engine. Elon apologized profusely and then started to leave your office. At that same time, Josh came in to discuss his resignation. You introduce Josh to Elon, and Josh gets very upset. He picks up an autographed baseball bat and tells Elon that he is going to “knock this one out of the park!” He swings wildly. Elon ducks and baseball bat wielded by Josh strikes Sam, your event planner. Sam is knocked out cold and, for the second time in as many days, an ambulance comes to your corporate headquarters.
Please analyze all of the Tort issues above. Please identify which parties will be liable to any other parties, what damages those parties could request, and what actions you will take to mitigate your corporate and personal liability.
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