Amanda is babysitting when her charge Tomas leaps off a couch onto a glass table and breaks it, leaving him with many cuts. To show that Amanda was negligent, Tomas’s parents must show that:     Amanda owed a duty of care to Tomas   Amanda breached her duty of watching over Tomas by her actions (e.g., talking on the phone or not staying in the same room as Tomas)   Tomas was harmed only because Amanda breached her duty to watch over him   All of the above

Honesty, lawfulness, and keeping promises, and adherence to a balanced standard of justice without relevance to one’s own feelings or inclinations, define

Lend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholiśm, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts: O A. Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. O B. Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused. O C. Lend Co, is liable under the Americans with Disabilities Act because it failed to offer Dana time off from…

Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?

Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have:   a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.

Erin is a lawyer with twin sons that are 12 years old. Erin is resting in her bedroom when she hears loud noises in the family room. She springs up, runs to the family room, and sees one son, Phil, punch the other son, Kip. Erin immediately orders Phil to stay in his room for the rest of the day and to not use the internet for 48 hours. As Phil mopes along the hallway to his room, Phil shouts. "Kip punched me first!" What legal principle would Erin recognize Phil's remark as being? O ad hoc because Phil is adding an accusation against his opponent Kip. O in pari materia because Kip attacked in the same manner as did Phil O caveat emptor because Phil thinks he is right. O jus ad bellum because Kip's action is what actually started the fight (the "war") O in pari delicto because they (Phil and Kip) are at equal fault.

Mark Clapp and Albert DiBrito worked for the Public Safety Department (PSD) in St. Joseph, Michigan. Clapp was the director and, DiBrito was the deputy director. They were under the supervision of the city manager. One day, Clapp told Tom Vaught, a PSD employee, that the previous city manager had hired DiBrito only because DİBrito had been investigating the city manager for possible wrongdoing. Clapp said that DiBrito had dropped his investigation in exchange for the deputy director position. DiBrito learned of Clapp's statement and filed a formal complaint against him on another matter with Richard Lewis, the current city manager. The investigation that followed revealed management problems within the PSD. A consultant hired by the city concluded that Clapp's remarks about DiBrito had been "inappropriate statements for a commanding officer to make regarding a second in charge." However, the consultant also identified issues regarding DiBrito's "honesty, inappropriate statements to…

In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses.   Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?

Upton is a used car salesman in Athens, Georgia. He often tries to scam (defraud, cheat, bilk, fool, etc.) his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton's agency duty, he is explicitly instructed by Klaus to deliver one of the cars currently on their sales lot in Athens to one of their other locations in Inglewood, California, on Klaus's behalf. The trip is a little over 2000 miles long and will take several days of driving to complete. Upton understands that the assignment is time-sensitive and must be completed within the current week. Despite this knowledge, he proceeds to go several hundred miles off his instructed route and make a pit stop in Boulder, Colorado. While there, he parties for two whole days and goes on a drunken rampage, destroying dozens of mailboxes in a quiet residential neighborhood with the very car he was told to deliver. Eventually, Upton finishes the remainder of his trip as originally planned and delivers the car, but…

Daryl agreed to build a new house for Riley at a cost of $325,000.  Riley is very particular when it comes to what she wants. Daryl constructed the house to Riley's specifications with one exception: the faucets and flooring in the upstairs bathroom were not exactly what Riley specified. This was a mistake on Daryl's part, but he did not intentionally fail to follow the specifications. When Riley saw the bathroom, she was extremely angry and began yelling and Daryl.  She told him that she would not pay Daryl anything for the house. It would take $500 to put in the correct faucets and flooring Riley originally requested. Daryl responded that he was willing to pay $500 to put Riley in the position she would have been in had the correct faucets and flooring been used, but that is all he is willing to pay. Which statement is true regarding the breach, if any, that occurred between Daryl and Riley? Group of answer choices Daryl committed an anticipatory breach of the contract. Daryl…