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
expand_more
expand_more
format_list_bulleted
Question
Chapter 7, Problem 2BS
Summary Introduction
Case summary:The persons JC and CW both owned a paintball gun and knew how to operate it. Both of them were also well aware of the fact that they should buy protective eyewear and use it while operating the gun but they avoided doing so. One night while playing with the gun, the person CW shot at the person JC’s car, but it hit the person JC’s eye. The person JC filed a case of product liability against the company CW claiming that the gun of the person CW was defectively designed. However, the person CW during the rail testified that his gun was never malfunctioned.
To find : The ruling of the court.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a…
Rim Corporation makes tire rims that it sells to Superior Vehicles, Inc., which installs them on cars. One set ofrims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defectiverims is sold to Town Auto Sales, which sells the car toUri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?Explain your answer. (See Strict Product Liability.)
A chemical processing company stored toxic waste on its premises. A severe storm caused damaged to the containers storing the waste, which resulted in the spill contaminating nearby pond, which belongs to Sam. The chemical processing company was careful when storing the waste and no allegation of negligence is made. However, Sam claims that the chemical processing company is liable for the pond contamination, even though there is no negligence. Is Sam correct? Explain
Chapter 7 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Pattie purchases a couch from Good Stuff, Inc., to use in her home. She pays for the couch, and Good Stuff agrees to deliver it. Unfortunately, on the way to her house, the delivery truck overheats and burns, destroying the truck and the couch inside. Pattie asks for a refund or another couch. Good Stuff’s owner refuses. If Pattie decides to sue Good Stuff, which party is likely to prevail? Explain. (In your answer, be sure to identify and discuss which law(s) might apply and how that could affect the outcome.)arrow_forwardAs part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…arrow_forwardMark Hunger was the safety director at Grand Central Sanitation. On September 7, Hunger “became aware” that hazardous materials consisting of blasting caps were being deposited into garbage containers at Shu-Deb, Inc. Grand Central collected garbage from these containers and dumped it at a dump site. Hunger knew that Grand Central was not licensed to dispose of hazardous materials and believed that it would violate State and/or Federal law if the company transported or disposed of hazardous materials. Hunger also became concerned about the safety of company employees from the danger of transporting blasting caps. On September 9, Hunger informed Grand Central’s owner and vice president, Gary Perin, of the information he received about the blasting caps. On September 12, Hunger, accompanied by Pennsylvania state police and agents of the Federal Bureau of Alcohol, Tobacco, and Firearms, went to search the contents of Shu-Deb’s containers. However, the garbage had already been collected,…arrow_forward
- Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory arisearrow_forwardPaula 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…arrow_forwardBryan is a purchaser for Ace Widgets. Bryan’s brother-in-law is a salesperson for Niche Electronics, one of Ace’s largest suppliers. Bryan told his supervisor about the relationship, and she approved his ordering of supplies from his brother-in-law as long as the purchases were reviewed by a senior manager. Bryan did not receive any favor or money from his brother-in- law in return for the sales. A year after Bryan discussed the situation with his supervisor, Ace’s management discovers that another supplier offers the same parts as Niche Electronics but at cheaper prices. Ace Widgets is considering suing Bryan for conflict of interest. Which of the following is the most accurate statement about Ace’s chances of success? Choices: A. Ace’s chances are good because it could have gotten the supplies at a lower price. B. Ace’s chances are poor because Bryan did not actually receive any money from his brother-in-law for sending him business. C. Ace’s chances are poor because the company was…arrow_forward
- Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.arrow_forwardOlga, 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_forwardDrew is an officer of Energy Fuel, Inc. Drew knows that an Energy engineer recently developed a new, inexpensive method for converting hydrogen into fuel. Drew takes advantage of this information to buy Energy stock from Gert and, after the discovery is announced, to sell the stock to Holly at a profit. Gert claims that this is a violation of federal law. Is Gert correct? If so, what federal law has Drew violated, and what are its possible penalties?arrow_forward
- Florida land developer Lehigh would show prospective buyers Lehigh Acres and have the buyers stay at its motel. Competitor Azar would watch for the buyers, contact them at the motel, tell them that under federal law they had three days to cancel any contract with Lehigh, and then show them a less expensive property that he was selling. Question: What legal tort could apply in this circumstance?arrow_forwardBarbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…arrow_forwardKarl self-publishes a cookbook titled “Hole Foods” featuring recipes for donuts, Bundt cakes, tortellini, and other foods with holes. To sell and publicize the book, he creates the website HoleFoods.com. As part of the metadata used in the SEO marketing for the site, Karl incorporates names and other key words for other cooking and cookbook sites that are well known and widely searched in order to drive traffic to his site. Has Karl violated the rights of the other sites? Explain why or why not.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education