1. Question : TCO B. After the 2010 fall election, the Democratic National Committee (DNC) decides to take matters into its own hands. During the lame duck session, they pass a new "Elections Are Free Act" that requires single people who make more than $75,000/year or married couples who make more than $150,000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must prove that they have paid at least 15% of their total income in taxes or they are not allowed to register to vote. List two bases under which someone impacted by this law could argue to have the law overturned.
Student Answer: 1) For this There could have been negligence on the part of GM if they knew or should have known there was a danger of a newcomer catching this disease. Negligence requires - Duty - Breach of duty - Causation - Injury or damages. In addition to standard negligence, if the land was under GMs care, custody or control they could also be liable under a theory of liability of a property owner since Bud Johnson was an invitee. An invitee is a person who is invited onto the land for the purpose of business dealings. If GM was the possessor of the property then they have a duty to inspect for hidden dangers as well as warn of known dangers. 2) Discuss all defenses General Motors may have. From the point of view as defenses, GM could assert that: a) The property wasn’t theirs, b) Bud can’t prove he caught the disease on their property as opposed to somewhere else, c) The facts don’t state he had Happy Valley fever so they could always deny whatever he had was caught at their property or caused by them, d) They could claim he wasn’t there for business purposes, although this is probably not a good defense, e) They were unaware of the danger, and an inspection wouldn’t have revealed it. 3) Does strict liability in torts apply to this situation? Why or why not? Strict products liability doesn’t apply here since he wasn’t injured as a result of any condition of the product itself, therefore a failure to manufacture correctly, a failure to design correctly, or a failure to warn don’t