Business law Name Professor Course Date Question 1: Riding the mechanical bull was an open and obvious danger for which Lilya had voluntarily assumed the risk. The doctrine of voluntary assumption of risk provides that when an individual willingly engages in an activity that involves some risk of harm, and knowing that such a harm may arise, they cannot bring a claim for injury resulting from the activity. This assumption of risk applies only where a reasonable person would consider assumption of such risk. The other party cannot be liable for the harm caused because the plaintiff agreed to run the risk. In this case, Lilya was aware of the risk of riding the bull. He had watched another rider and his friend thrown off the bull. Additionally, Lilya had been thrown off the bull the first time he rode it and had voluntarily re-boarded the bull before being thrown off and sustaining the injuries. Lilya was aware of the risks involved in riding …show more content…
For an invention to be patentable it should be novel, not obvious and useful. Novelty means the invention must not have been made public prior to the application for a patent. If an invention is already available to the public it cannot be patented. It is not only important that the idea is new but it should also not be obvious. An invention is considered obvious and ineligible for a patent if an individual with ordinary skill in the relevant field would consider it obvious. The third requirement is that the patent should be useful. This means that the invention should have practical utility. In Bernard and Rand’s case, their invention is not novel because it only manipulates an existing idea. Additionally, their invention solves a mathematical problem that is obvious to an individual with ordinary skills in the field. Their invention is not patentable because it does not satisfy the requirements for patentability (Henry
To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.
In Handleman, the plaintiff alleged that he could not have foreseen that he could be injured by exposed outcropping of rock. Handleman at 13. Similarly, plaintiff Adair alleges that “none of us bargained on putting our lives on the line by climbing without an anchor on a practice climb.” The court in Handleman forecloses this line of inquiry into foreseeability by reasoning that assumption of risk does not require “clairvoyance to forsee the exact accident and injury that in fact occurs.” Id. Consequently, the court held that all that is required to prove assumption of risk is that the injury “be within the range of possibilities.” Id. Falling is certainly within the range of possibility for anyone who is climbing high up on a rock formation, and therefore Adair assumed the risk of falling in the instant case.
Despite Mr. Gates’ outward dislike towards his three dogs, it is likely that he will not be held responsible for the dog bite injury his neighbor suffered because he did not have any knowledge, nor had any reason to know of his dogs having any dangerous propensities. In this case, the injured neighbor wants Gates
[pic]s a senior in a professional services firm, you have been assigned to plan the financial statement audit of a private company named Toy Central Corporation (TCC). In addition, the partner on the engagement has asked you to identify business risks that could adversely affect TCC’s sustained profitability, so that they can be brought to the attention of the company’s board of directors. These tasks will require you to draw on your knowledge of supply chain management, marketing, internal controls, audit assertions, and financial accounting.
Going into 2004, Bob Moyer planned to produce 10,000 bicycles at Mile High Cycles. Construction of his bicycles includes the utilization of three departments, frames, wheel assembly, and final assembly. During this year, Mile High Cycles ended up actually producing 10,800 bicycles to meet higher than expected demand. Bob is curious as to whether or not he was successful in maintaining costs to meet these higher levels of demand.
Based on our projections for the years 2002-2004, the biggest driver that effects debt is the company’s operating expenses. Based on the history of the upward trend of operating expenses, our recommendation is that The Body Shop needs to concentrate on lowering the operating expenses, and keeping those expenses around 45% or lower in order to avoid borrowing money. Our 45% recommendation includes a safety net which will prevent having The Body Shop borrowing cash if sale do not continue to climb at a significant rate.
Teenage Son has borrowed parent’s car one evening. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last possible moment, barely escaped injury when he finally jumped aside.
FUTRONICS Inc. is a private company located in Lexington mainly categorized for modems, monitors, disk drives and terminals. It is moreover in to sales and services. This case is about the replacement of Futronics’s central office stores by an outside service provider. In this case supply management manager have an opportunity for investigating selected outsourcing in-house services.
Demand – Customers are loyal and identify with the HD brand. Currently demand outmatches supply, so HD is considering whether to raise prices or expand capacity via various options.
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while
➢ Has to do what: To decide to either confront Gilman and change what she perceives as sexist and/or racist practices or to leave the company
Arguments that an extension of liability for negligence would lead to a flood of litigation or to fraudulent claims were once granted greater credence than they are today. But other arguments, such as the possible commercial or financial consequences, the prospect of indeterminate liability, the possibility of risk-spreading (e.g., through insurance)
There are two defences to an action in negligence: contributory negligence and voluntary assumption of risk. (FoBL, 2005, p83) This case only involves contributory negligence.
The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to
Consider the overall communication strategy of Toyota, including its strategic intent and positioning, the themed messages and message styles in Toyota’s communications. Given the challenges ahead for Toyota, how would you change the communication strategy in terms of strategic intent, themes messages and message styles?