Extra Credit Assignment 6
You may earn extra credit by completing the Extra Credit Writing Assignments in this course. Immediately below is an Extra Credit Essay Question for you to complete. Please understand that the Extra Credit Writing Assignment is not a substitute for the Required Writing Assignment that is due this week. You will not earn the Weekly Writing Assignment Credit for completing the Extra Credit Writing Assignment.
This Extra Credit Essay Question is to be completed this week and submitted according to the directions below. You will not receive a grade for this Extra Credit Assignment. However a sample answer will be posted so you can compare your work to the sample answer.
Open a blank Microsoft® Word® document which should be labeled ‘Torts 612 Extra Credit # 6’ followed by your last name and your student number. Once you have completed this assignment, save it on your computer where you will be able to find it. You will then use the ‘browse’ button at the bottom of the assignment to retrieve the assignment and then submit it by clicking the ‘upload’ button.
Alice operates a daycare center in her home from Monday through Friday for children from ages 6 months to three years old. One Friday, she discovered some mice in her house and called Bob, an exterminator. She told Bob that she runs the daycare center in her home for very young children and needs to get rid of the mice by the following Monday, when the children will return.
On Saturday, Bob placed small plastic packages of poison pellets in the corners of every room in the house. He explained that the mice would gnaw through the plastic packaging to eat the pellets, and then die shortly thereafter. On each package was printed the following warning:
“DANGER: THIS PACKAGE CONTAINS POISION, WHICH MAY BE HARMFUL TO HUMAN HEALTH IF SWALLOWED!”
Before leaving Alice’s house, Bob told her that the mice should ingest the pellets by Monday morning and that she could if she wanted to remove what is left of the packages before the children arrived.
Shortly before the children arrived on Monday morning, Alice removed as many of the packages of poison as she could find. Later that day, nine-month-old Victor, one of the children in Alice’s daycare center, was crawling along the floor of the living room when he found a package that Alice had missed. It had already been gnawed into by a mouse, and Victor reached in and ate some of the pellets. He became seriously ill. Medical tests determined that Victor’s illness was caused by his ingestion of the mouse poison.
Under what theory or theories might Victor’s parents bring an action for damages against Alice? Discuss.
Remember, this assignment must be prepared in Microsoft® Word® using the Times New Roman font, 12 point, single space, double space between paragraphs. Each page must be numbered and your last name and student number included on the upper left hand corner of each page.