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Larry submitted an employment application to John's Computer Repair Company. Larry's
application indicated he had over a decade of experience repairing computers, cell phones,
tablets, and other technology. Because Larry's written qualifications seemed to meet a pressing
current need, John's Computer Repair hired him without doing a background check, contacting
his references, or checking his criminal record. If John's Computer Repair had done any of these
things, it would have learned that Larry had a history of violent behavior. He was known to have
anger management issues that commonly resulted in fights. He also committed an assault and
battery against a co-worker three years earlier that resulted in a one year prison sentence. Larry
did not disclose this on his job application, nor did John's Computer Repair ask.
Tom, a long-time John's Computer Repair employee, angered Larry when Tom tried to tell Larry
how to do his job. Larry attacked and injured Tom. As a result, Tom required medical care and
rehabilitation, and suffered lost wages.
If Tom sues John's Computer Repair, what would his claim against John's Computer Repair be?
What elements would Tom need to prove to win his case? Discuss how the above facts relate to
the elements of the claim. After considering the facts and the elements needed to win, do you
believe Tom's lawsuit against John's Computer Repair will be successful?

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Larry submitted an employment application to Johns Computer Repair .pdf

  • 1. Larry submitted an employment application to John's Computer Repair Company. Larry's application indicated he had over a decade of experience repairing computers, cell phones, tablets, and other technology. Because Larry's written qualifications seemed to meet a pressing current need, John's Computer Repair hired him without doing a background check, contacting his references, or checking his criminal record. If John's Computer Repair had done any of these things, it would have learned that Larry had a history of violent behavior. He was known to have anger management issues that commonly resulted in fights. He also committed an assault and battery against a co-worker three years earlier that resulted in a one year prison sentence. Larry did not disclose this on his job application, nor did John's Computer Repair ask. Tom, a long-time John's Computer Repair employee, angered Larry when Tom tried to tell Larry how to do his job. Larry attacked and injured Tom. As a result, Tom required medical care and rehabilitation, and suffered lost wages. If Tom sues John's Computer Repair, what would his claim against John's Computer Repair be? What elements would Tom need to prove to win his case? Discuss how the above facts relate to the elements of the claim. After considering the facts and the elements needed to win, do you believe Tom's lawsuit against John's Computer Repair will be successful?