The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 13, Problem 3BCP
Summary Introduction
Case summary: Person ME was a 17-year-old competitor in a horseback riding competition. Person KN was his coach. Person ME signed an agreement with person KN releasing him from all liability except damages caused by negligence. During an event, ME struck a hurdle and fell down from the horse and died. The parents of ME filed suit against KN for wrongful death.
To find: The limitation to which the liability clause of the contract is enforced in the case filed by the parents of person ME.
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Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States’ waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed’s unlawful actions, can Bristol be held criminally liable?
a) Bristol cannot be held criminally liable, even if Sanford knew of Ahmed’s actions.
b)Bristol can be held criminally responsible if Sanford knew of Ahmed’s criminal actions.
Stephen Glass made himself infamous as a dishonest journalist by fabricating material for more than forty articles for The New Republic and other publications. At the time, he was a law student at Georgetown University. Once suspicions were aroused, Glass tried to avoid detection. Later, Glass applied for admission to the California bar. The California Supreme Court denied his application, citing “numerous instances of dishonesty” during his “rehabilitation” following the exposure of his misdeeds. How do these circumstances underscore the importance of ethics?
Paula Plaintiff owns Paula’s Boutique, one of the most popular stores in town. William Wicked owns the store next to Paula’s Boutique. William has been jealous of Paula’s success. William, in an effort to increase his own business, begins to tell his customers that Paula is dishonest and unethical. William even puts a sign in his front window warning potential customers not to shop at Paula’s Boutique because of her deceitful and unethical practices.
Paula is upset when she finds out what William has been doing. Paula has always been honest and ethical with her customers and now her business is suffering because of William’s dishonesty. Paula decides that something must be done about this situation.
What advice would you give Paula?
Discuss the possible tort claim Paula might have against William. Be sure to include the elements of the tort and relate those elements to the scenario.
If Paula decides to pursue a claim against William, should she consider a lawsuit, mediation, or…
Chapter 13 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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Similar questions
- Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?arrow_forwardBimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from working for one of Bimbo’s competitors, Hostess. Among other trade secrets at issue in the lawsuit is the recipe for Thomas’ English Muffins, which are estimated to account for approximately $500 million in Bimbo’s annual sales income. Botticella is alleged to be one of only seven people who possess all of the knowledge necessary to independently replicate the muffins. Should the court issue the injunction? If so, for how long?arrow_forwardAkhil drives a taxi without a license. Unaware of this, some passengers hired his services. Unfortunately, the taxi collides against a lorry, which is parked by the side of the road and the passengers get injured. In view of this illustration, discuss the following:Questions:A. Whether Akhil is guilty of breach of duty. Identify the nature of his act.B. Meaning and nature of a Tort.arrow_forward
- BUSINESS LAW Harvey plans to steal money from the company rainy-day fund. Before he can act on his plans, he is fired from his job. While cleaning out Harvey’s desk, Sue, his boss, finds Harvey’s plans to steal the rainy-day money. Under the ruling in Faulkner: True or false ?arrow_forwardIf a sales associate believes that a commission has been unjustly withheld, he may take legal action against A.his employer, only. в.his client, only. C.both his employer and client. D.the Florida Real Estate Commissionarrow_forwardUnder what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?arrow_forward
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