108 J 7

Read the "You Be the Judge" on p. 596 of the text. It is the case of Banta Properties v. Arch Specialty Insurance.

Review the facts, and the arguments of each party in the case. 

Discuss:

1. the main issue(s) in the case (don't just reiterate the facts; instead consider what legal question needs to be decided); and

2. as the judge, decide for one party or the other. State your reasoning. Try to go beyond reiterating the argument given in the text. Also, don't rely on your instinct. Apply the law.

Note that there are two issues in this case. (1) Should there be any recovery and why? (2) If there is to be a recovery, what amount should be recovered?)

Your response is due on Sunday night by 11:55pm. This assignment is in a discussion forum so feel free to comment on your classmates' responses.

Note that there are no right or wrong answers in this exercise. I want to see that you can identify the issues in the case and provide a rationale decision based on what you learned.