Chapter 7 Substantive Law - Torts and Product Liability

Substantive Law
Torts and Product Liability

For the next five chapters we will be looking at substantive law. Refresh your memory. Return to the beginning of the textbook to review the concepts of procedural vs. substantive law. The following website has some interesting outlines, information, etc. on many legal topics.
Lectlaw.
The material in this website is sometimes outrageous but other parts have some basic materials that aid to legal newcomer to understand complex materials in order to begin the study of a particular topic.
When using this website be cautious but also enjoy for it is a real hoot!
Remember Chapter 17 and the pitfalls of using the Internet for legal research.

Torts

Using the following fact pattern, information provided by the instructor regarding the duties of owners and occupiers of land (PowerPoint, etc.), hyper linked material, and any additional information (including research on Maryland Law now that you know how to do it) you choose to find, analyze the fact pattern to determine if the tort of negligence has been committed.

Fact Pattern

Mr. and Mrs. Abrahms were truly tired of home maintenance. Just last night the floor to the hall bathroom partially caved in due to an old (in need of replacement) and leaky toilet ring (do you know what that is?) It has need to be replaced for quite awhile but the Abrahms are just tired of home maintenance. They decided to sell the property and move into an apartment where someone else could handle all of the problems. They called John Simons, a real estate broker, to list the property. While John was doing a careful physical inspection of the property he entered the hall bathroom where he fell through the floor breaking his arm and sustaining a concussion as his head hit one of the supports to the lower floor. It seems that the Abrahms never use that bathroom so to make it look ice for the inspection they merely covered the hole with a rug.

	Did the Abrahms commit the tort of negligence?
	Do they have a defense?
	Using the elements of negligence and the materials provided write a brief memo regarding your legal analysis and findings.
	Remember to cite properly any sources that you may use.
	Insert it into the tort section of the Paralegal Reference Manual.

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Negligence Defenses

What defenses does Maryland allow in a negligence case?
Are we a contributory Negligence state or a comparative negligence state?
Hint: Now that you know how to do research you may want to locate the answer in the Maryland Law Encyclopedia.

	Write an internal memorandum discussing the information that you located.
	Remember to cite properly any sources that you may use.
	Insert it into the tort section of the Paralegal Reference Manual.

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Introduction to Paralegal Studies Substantive Civil Law

Introduction to Paralegal Studies
Substantive Civil Law