Reference no: EM13147848 , Length: 1500 Words
Phyllos is a 17 year old triple threat with a 4.0 GPA. Phyllos applies to Yale Drama School for college. The admissions interviewer at Yale is very impressed with Phyllos and says that admission should be a slam dunk. As a result Phyllos declines the invitation to participate in next year's Superstars Tour and doesn't apply to any other schools. Phyllos gets rejected by Yale Drama School. Phyllos sues Yale. What theories should Phyllos have, what cases are relevant and what standards are to be met? Would it make any difference if Phyllos were under the influence of alcohol during the interview? Why or why not? What about if Phyllos had been drinking copious amounts of champagne (celebrating the future admission to Yale, no doubt) when the invitation to participate in the Superstars Tour is declined? Why or why not?
1. Mariah is at Pizza Palace. She is highly allergic to peanuts and orders a Thai-style pizza, which the server swears contains no peanuts. Under normal circumstances, that is the case. However, the cook puts the wrong chicken on the pizza, substituting chicken fried in peanut oil for the usual chicken fried in sunflower oil. Mariah has a serious allergic reaction, requiring her hospitalization. Identify all of the parties she can sue for this and tell me whether or not she will be successful and on what grounds. In addition, she goes to the police department, asking them to arrest the owner of Pizza Palace, the server and the cook for attempted murder. Will they do it? Why or why not?
2. In the news recently, a company producing sriracha chili sauce was declared a public nuisance for the odors produced when it ground the chili peppers used in making the sauce. The majority of the complaints came from four households. The company also supports the town by funding the local park and several ball teams. Has this company met the standards of corporate social responsibility? Why or why not? What ARE those standards?
3. Bohde works for Celebrity Magazine as a photographer. He is assigned to get photographs of Livn Large, the latest hot rapper. Bohdeknows that celebrity pictures are hard to get so after trying to get pictures by tracking Livn's normal movements, Bohde scales a tree growing in the right of way next to Livn's house and takes pictures of Livn in his backyard. Bohde chose to take the pictures this way because he liked the angle better than shooting the pictures through the wrought iron fence from the sidewalk or crossing the street and shooting the pictures from the elevated public park across the street. Does Livn have any claims based on the sale and publication of these pictures? If so, against whom and on what basis?
4.Quardy has just been laid off from Big State University. He seeks to challenge the dismissal and demands not only his own personnel records, but those of all of the other professors in his department as well as all of the expenditure records for the university for the last 5 years. Can he get them?
5. Maliq works for Calabassas Frogs, Inc. He borrows the company car to go on vacation, without notifying the company. He tells the gate guard that he's taking the car to get an oil change. When the car does not return, the company reports the car stolen. While using the car, he has a flat tire and, when changing the tire, notices that there are 10 packages of a white powdery substance packed in and around the spare tire. A local constabulary, who happens to be a narcotics officer and was undercover, drives by, and seeing that Maliq is struggling with the tire change, pulls up to help. The narcotics officer sees the packages and arrests Maliq. What claims do they have against Mali
6. Lizzard, an animatronic character that represents Brilliance toy company. Lizzard's commercials tell children that Brilliance's are the best and safest in the industry. Brilliance has not conducted any testing or appraisal before making this claim. Brilliance's claims are challenged when several children fall deadly ill just after playing with Brilliance toys. Lead is found in the toys. Caryna's son plays with the toys, putting them in his mouth frequently. She sees an article about lead in the toys and sues Brilliance and Lizzard's creator since Lizzard hawks the toys. What theories against each and what standards will be applied?
7. Phyllos is a 17 year old triple threat with a 4.0 GPA. Phyllos applies to Yale Drama School for college. The admissions interviewer at Yale is very impressed with Phyllos and says that admission should be a slam dunk. As a result Phyllos declines the invitation to participate in next year's Superstars Tour and doesn't apply to any other schools. Phyllos gets rejected by Yale Drama School. Phyllos sues Yale. What theories should Phyllos have, what cases are relevant and what standards are to be met? Would it make any difference if Phyllos were under the influence of alcohol during the interview? Why or why not? What about if Phyllos had been drinking copious amounts of champagne (celebrating the future admission to Yale, no doubt) when the invitation to participate in the Superstars Tour is declined? Why or why not?
8. Phyllos decides that he needs a huge graduation party to make him feel better after Yale's rejection. He hires Migos to perform at the party. Migos was involved in an altercation in another city and decides to suspend future performances, but does not tell Phyllos. Instead, Migos arranges for Argos to play for Phyllos's party instead. Phyllos hears from a friend that Migos isn't going to perform and sues them for specific performance and at the same time hires Milagros to play instead. Migos counters that Milagros was hired in their place. What are all the laws and cases we covered that are relevant here (on both sides) and what standards will be applied?
9. Phyllos ordered special t-shirts for the party guests, identifying Migos as the lead act. The day before the t-shirts were to be shipped, Phyllos called the t-shirt company and told them not to print the t-shirts. The t-shirt company didn't check its voicemail and printed the shirts and shipped them. They arrived at Phyllos's house before the t-shirt company realized there was a problem. Phyllos rejected the shirts a week after they arrived when he first opened the box. Phyllos ships the t-shirts back, and they are burned up when the Fedex truck carrying them catches fire en route. Phyllos wants to sue the t-shirt company. What are the legal arguments on both sides? Is there anyone else that can/should be sued?
10. Phyllos has a cell phone. His cell phone bill is about $500 per month because of the high internet usage he has every month. In paying his bills, he decides that $500 is too much per month for his cell phone and has his agent send his carrier an email agreeing to pay $250, a number he believes to be more appropriate, noting that it is in full satisfaction of that month's bill. In the email, the states that Phyllos is out of checks and wants the email to serve as a check. The email further promises to pay his cell carrier $250 in full satisfaction of that month's bill, on the date due that month. Can the cell phone carrier collect when it presents the email at the bank? Why or why not? Is the agent who sent the email liable for the money? Why or why not?
11.Two years later, Phyllos is starting a company to handle his upcoming fashion line. He asks you what the options are for his business. He has two other people who are involved in the business, one of whom is putting up money, the other of whom is working with Phyllos in managing the business. What are ALL the options and which one(s) are best suited to his interests? What are the things that he needs to take into consideration when making his choice? If Phyllos decides to open a corporation, what does he need to consider with respect to securities regulation?
12. Three years later, Phyllos companies are doing well until he is served by a series of lawsuits by his employees, claiming that female employees are paid less, given worse assignments, fired at the age of 40 or if they get pregnant. What laws are in play and what are the standards that are relevant here?
13. Phyllos's career didn't go so well after all. Phyllos is now considering bankruptcy. What options are there for Phyllos and his company? During the bankruptcy process, can Phyllos's creditors seek access to the books for the company? What about the shareholders?
14. Phyllos's lawyer suggests that he take better control over his music. With respect to intellectual property laws, what considerations does he have both in the US and in foreign countries?
15. In hopes to avoid losing his memorabilia collection, Phyllos gives it to Pardey to hold for him. Pardey doesn't realize the value of the collection and leaves it out, where some of it is broken, some is lost, and some is destroyed. When the trustee in bankruptcy comes to collect the memorabilia, Pardey cannot give it to him. What claims does the bankruptcy trustee have against Pardey? Against Phyllos? What about claims that the creditors have against Pardey and Phyllos?