Identify the issue in the following two fact situations — Part Beth loaned Allen 000 agreement was oral commutes nearby city work

Identify the issue in the following two fact situations.

Part A Beth loaned Allen $5,000. The agreement was oral. Allen commutes to a nearby city to work. Beth needs to go to the city three times in May. Allen told her he would give her three free rides to the city to help repay the loan. On one of the trips, Allen was not paying attention, lost control of the car, and wrecked it. Beth suffered severe injuries and wants to sue Allen to recover damages.

The state automobile guest statute bars suits against drivers by automobile guests. The statute does not apply if the passenger confers a substantial benefit on the driver and that is the reason the driver provided the ride.

Part B Tom and Alex are next-door neighbors. While arguing with Tom, Alex breaks Tom's lawn chair, and as Alex begins to break more lawn furniture, Tom makes a citizens arrest of Alex. Tom's sons help Tom, and after Alex is subdued, they continue to hit and kick him for a few moments. Alex wants to sue Tom.

The state's case law defines battery as unauthorized harmful contact; it also allows a citizen's arrest when the purpose is to prevent the destruction of property.

SOLUTION

This assignment requires the identification of the issue in two client cases; therefore, the four- step issue identification process presented above should be followed by the student.

PART A

STEP 1: Cause of action and area of law involved. Beth wishes to sue Allen for the injuries sustained when Allen lost control of the car he was driving. Although the assignment does not state the basis of her claim, Beth will probably sue under the law of negligence. The facts do not indicate that Allen intentionally wrecked the car; therefore, negligence is the most likely cause of action. The statute presented in the facts that may bar the use of negligence as a cause of action is the guest statute.

STEP 2: Elements of the cause of action identified in step 1. The issue in this assignment does not involve the elements of negligence; therefore, it is not necessary to identify those elements. The issue is whether the guest statute bars Beth’s negligence claim. Therefore, the elements of the guest statute are critical in this case. As presented in the fact situation, the elements of the guest statute are the following:

The statute bars suits against drivers by automobile guests, except when:

The passenger confers a substantial benefit on the driver, and

That is the reason the driver provided the ride.

STEP 3: The key facts relevant to the elements of the applicable law:

Allen was the driver of the car.

Beth was a passenger in Allen’s car.

Beth loaned Allen money.

Allen told her he would give her three free rides to the city to help repay the loan.

The wreck took place during one of the rides.

STEP 4: Assemble the issue from the law and key facts identified in the previous steps.

The applicable law is the guest statute.

The question is whether the negligence suit is barred by the guest statute.

The key facts are that Beth was a passenger in Allen’s car and the wreck took place during a ride Allen was giving Beth to help repay a loan.