Reference no: EM131623415

1.

(1) What are the key principals of a defamation lawsuit by a public figure and why it is more difficult to succeed?

(2) What are the key differences between trespass to chattel and conversion? Briefly explain.

(3) For each of the following examples please identify whether it is a trespass or conversion to chattel or not tort at all; and briefly explain why or why not:

(a) Helen borrowed her neighbor's lawnmower for the afternoon to cut the grass on her yard. Helen returned the lawnmower the next morning.

(b) Bob place a sprinkling system on the corner of his yard to water his grass. Due to the positioning of the sprinkling system some water falls on the neighbor's property.

(c) Nick borrowed his friend's vehicle to go shopping. While Nick was in the store shopping, another motorist accidentally scratched the Nick's parked vehicle. Nick returned his friend's vehicle as scheduled and told his friend that the vehicle was scratched while he was shopping.

(d) James left his dog, Sparty, with his neighbor for three days while on a business trip. The neighbor killed Sparty because the dog was barking too much and he could not take it any more.

REVIEW PROBLEMS

(1) Peter is driving his car 3 miles over the speed limit while he is approaching an intersection. Kelly, while she is riding her bicycle, tried to cross the road on the pedestrians' cross path without paying any attention on the coming vehicle. Peter was not able to stop the vehicle on time and hit Kelly's bicycle at the edge of her back wheel and knocked her to the ground and broke her ankle. Peter's car had minor damages in the front bumper. What claims can raise against each other and what are their defenses against those claims? What should be the outcome of this case? Does it make any deference in which state the case arose and why?

(2) A local attorney admires Tiger Woods and she believes Tiger is the greatest golfer of all times. Without Tiger's permission, the attorney displays Tiger's picture on her law firm's website. Recently, Tiger discovered, while he was searching for an attorney to help him with his "personal legal matters," his picture on the attorney's website and he got really upset. What claims, if any, Tiger can pursue against the attorney and what is the likelihood of success? Briefly explain.

(3) The local newspaper wanted to publish an article regarding the recent criminal charges against players from the MSU football team. The reporter did not have any recent photographs of the players involved and instead he used a full team photo to print along the side of his article story. One of the team's members, not involved in any of the criminal activities or charges, feels that the readers will read the article and changes their views about him so he likes to file a claim against the newspaper. What claims, if any, does he have against the newspaper? What would be the likelihood outcome of this case and why?

(4) Sam was diagnosed with HIV after having multiple affairs with local prostitutes. Sam keeps the news secret from his wife, Sophie, because he does not want to destroy his marriage. Six months later, Sophie discovers her husband in their bedroom with a prostitute and files for divorce. Before the divorce is finalized she got ill and was diagnosed with HIV. Since she was faithful to her husband, she believes that her husband was responsible for her illness and filed a separate lawsuit against her husband for negligence, battery, and intentional infliction of emotional distress claims. What elements of law Sophie must prove for each legal claim and what is the likelihood of success for each of her claim?

2.

Upon reading the McDonald's case summary below, please answer all of the following question:

1. Assume that you are the Plaintiff. Make your case proving Defendant's negligence using the facts given.

2. Assume that you are the Defendant. Make your case rebutting Plaintiff's case using the facts given. You are trying to show that you, Defendant, were not negligent.

3. Had you heard of this case before reading the posted handout of the case summary? If so, did you think that the jury's award of punitive damages to Plaintiff was inappropriately high? Why or why not?

4. Haw did the jury calculate damages? Label and explain each type. Did the information in the posted summary change your opinion? Why or why not?

5. Overall, was the result of the lawsuit fair and just? Would it have been more fair and just if the jury's award had not been altered? Why or why not?

THE MCDONALD'S CASE

Stella Liebeck, 79, was a passenger in her grandson's car when he stopped at the McDonald's drive-thru window. She ordered coffee with cream and sugar. The cream and sugar were in small packets. Because there was a lid on the cup, her grandson stopped the car while she placed the cup between her knees and attempted to remove the plastic lid. As she removed the lid, the entire contents of the cup spilled into her lap. The sweatpants she was wearing absorbed the coffee and held it to her skin. She suffered third degree burns of the genital area, groin, perineum, inner thighs, and buttocks and was forced to spend eight days in the hospital, underwent debridement treatments, and received several skin grafts. McDonald's offered Mrs. Liebeck $800 for her medical bills and pain and suffering after she asked for $12,000. It was found that McDonald's had previously settled several other claims arising from scalding injuries for more than $500.000.

Evidence showed that McDonald's had received at least 700 reports of coffee burns, ranging from mild to third degree. McDonald's officials testified that the company required that its coffee be served at 180-190 degrees at all franchises, which was twenty (20) degrees hotter than any other fast food chain. Coffee served in homes is usually 135-140 degrees. An expert in thermodynamics testified that lowering the temperature of coffee to 160 degrees would make a big difference in the burn potential because it takes less than two to three (2-3) seconds to produce a third-degree burn at 190 degrees, about two to seven (2-7) seconds at 180 degrees and twenty (20) seconds at 160 degrees.

Company representatives stated that McDonald's sold coffee through the drive-thru for people to take to work or home, although they agreed that their own research showed that most customers consumed it while driving. They further noted that they put a "reminder" on the cups that the coffee was hot but did not disagree that "hot" was a relative term. Officials of McDonald's testified it was probably true that most people would not know the severity of the potential burns, but that they had decided not to inform the customers and didn't intend to do so in the future. A human-factors engineer who earned $15,000 in fees from McDonald's testified "statistically," the hot-coffee burns were insignificant when compared to the billion cups of coffee that McDonald's sells annually.

McDonald's claimed that Mrs. Liebeck's injuries were more extensive because she was older and older skin is thinner and more vulnerable to injury. The company also claimed that Mrs. Liebeck was responsible for the extent of the injuries because she did not remove her clothing immediately.

After hearing all the evidence, the jury awarded $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found that Mrs. Liebeck was 20% at fault. The jury also awarded $2.7 million in punitive damages, which it determined was equal to two days worth of McDonald's coffee sales. The trial court reduced the punitive award to $480,000. When McDonald's stated that it would appeal the verdict, Mrs. Liebeck settled her case for an undisclosed amount that is likely to be between $300,000 and $400,000.

3.
1. While driving under the influence of alcohol, Joe runs off the road and wrecks his car. As the car turns over, the protruding door latch hits the ground and the door flies open. Joe, who is not wearing his seat belt, is thrown from the car and badly hurt. Joe sues the car manufacturer, asserting that the door latch was defectively designed. Discuss the legal issues raised by these facts.

2. Through no one's fault, a sludge dam of the Elite Phosphate Company breaks. Millions of gallons of sludge run off into a nearby river that empties into Miki Bay. The fishing industry in the bay area is ruined. Is Elite Phosphate liable to the fishing industry? Please explain.

3. During a business lunch, Bob eats salad dressing that contains almond extract. He is very allergic to nuts and suffers a severe allergic reaction. There are complications and Bob becomes almost totally paralyzed. Because Bob had instructed the restaurant waiter and the chef that he might die if he ate nuts, he sues the restaurant for negligence. Discuss the types of damages Bob may recover.

4.
1. Aaron Little was eating an olive burger at Lou's Restaurant and Lounge when he chew an olive pit. The olive pit was large and hard enough that broke one of Aaron's teeth. Discuss the legal issues raised by these facts and what is the likelihood of succeeding in a product liability lawsuit.

2. Emmanuelle Veneers purchased a bottle of "La Championato" champagne that was manufactured by ArgoVine Vineyards, LLC. While at her home, Emmanuelle removed the champagne seal from the top of the bottle but did not remove the cork. She placed the champagne bottle on the table, intending to serve it in a few minutes during diner. Shortly thereafter, the cork spontaneously ejected from the bottle, bounced off the ceiling, and struck Emmanuelle in the right lens of her eyeglasses, shattering the lens and driving pieces of glass into her right eye. The champagne bottle did not have any warning of this danger. Evidence showed that ArgoVine had previously been notified of the spontaneous ejection of the cork from its champagne bottles. Emmanuelle sued ArgoVine to recover damages under strict liability. Is ArgoVine liable? Please explain.

3. Bono Enterprises, Inc, distributed a product known as Venezuelan Golden Tablets which it was manufactured by Miracle Cosmetics, LLC. The purpose of the tablets was to allow a person to achieve an even tan without exposure to the sun. When ingested, the tablets imparted color to the skin through the use of various ingredients, one of which was tanthaxanthin, a coloring agent. Tanthaxanthin had not been approved for use by the FDA as a coloring additive. Melanie ingested several tablets for a period of two weeks before she left for her spring break trip to St. Lucas. The day she was scheduled to travel to St. Lucas she noticed that her chin was bright white and no tan in that area of her face. Although she traveled as scheduled, she was embarrassed during her vacation because of her unusual face coloring. Assume that the unusual coloring of her face was attributed to the tablets she ingested; does she have any claims against Bono Enterprises? Why or why not? Please briefly explain.

5.
1. Normally there are professional code of ethics and individual (personal) codes of ethics. What are the differences between the two codes of ethics? Please explain and provide at least 2 short examples of each.

2. You are a middle-level scientist at a pharmaceutical company involved in the study of bone cancer and you are using mice for your study. Your manager, asked you to report on your study report a percentage lower than the actual percentage of mice died during the research study when they were injected with the new drug. Your report would be used as part of the company's application to obtain approval for the new drug from the Food and Drug Administration. You are a single mother and the sole financial supporter of your family making $60,000 annually. After you carefully study the ethical theories presented in the chapter readings, please select one theory and make determination as to how you will handle your situation based on the selected theory. Please briefly explain.

3. You are a student in an elective course titled "Human Anatomy." During your final examination, the two students seating on your side (left and right) passed over to you a note each saying "Please help! I am failing this test. What is the answer to question 13? I cannot remember the silly name of the organ described in the question." How would you act on the basis of one of the ethical theories discussed in this chapter?

4. You are the Human Resources director and you are in the process of hiring a new employee for the department. You have many good and qualifying applicants for the position. The applicant who you believe is the most suitable for the position because of the applicant's experience and training has also be found to have done one of the things listed below. Will this knowledge affect your decision? Would your decision be the same regardless which ethical thought you applied? Please review each factual situation presented below and explain how your answer is affected.

(a) The applicant provided in her resume that she has a graduate degree. The applicant has only bachelors degree.
(b) Part of his application under the "salary history" section he listed that his prior salary was $50,000. His actual prior salary was $52,000.
(c) The applicant indicated on his resume that one of his prior jobs the period of employment was 18 months. The actual length of his employment with that employer was 3 months.
The applicant failed to answer one of the required questions on the application titled "Please provide your most recent compensation amount:"

6.
1. For each of the following please explain why it is or it is not a real property:
(a) An air-conditioning unit installed on the top of the roof of a commercial building
(b) An apple tree planted in the back of your home's yard
(c) A refrigerator in your home's kitchen
(d) Your home's kitchen cabinets
(e) A house trailer
(f) The sprinkler system installed in your back yard

2. Please explain the key differences or characteristics between the following types of property ownership:
(a) Joint tenancy
(b) Tenancy in common
(c) Tenancy by the entirety

3. Bob owns a 2-acre parcel of land. He purchased 5 years ago to build his vacation cottage home when he retires next year. Earlier this year the City of Wander in an effort to control the rapid growth of the community and to maintain the country setting of the neighborhoods amended its existing zoning ordinance to limit the size of buildable lots to 4 acres. However, the ordinance did not modify the existing permission to place any size of RV or other mobile structure on city lands. Bob filed for an application for a building permit with the city when he was told his request was denied due to the zoning requirements. Bob contents that the zoning ordinance constitutes a deprivation of property without due process of law? Is he correct? Why or why not? Please briefly explain your answers.

4. Tyler, an avid hunter, discovered a place in the State of Moss to be any hunter's paradise. Although he knew that he had no rights to the property, he decided 15 years ago to build a lodge to use during his hunting trips. Annually at least 5 times per year he visited the lodge for hunting, ranging from 10-day to 15-day trips each time. Two years ago he decided to further improve the property and he installed a wooden fence around the lodge covering approximately 2 acres of land and a small detached garage for his pickup truck. He continuously visited the site for over 20 years before one day while on his hunting trip a stranger, named Tim, walked over the lodge and asked him to leave from the property because Tim was the owner and Tyler had no right to stay on the property. To persuade Tyler, Tim showed Tyler a valid warranty deed he possessed. Tyler, one of your good friends, called you and asked for your advice. What advice you will give Tyler and why? Please briefly explain your answer.

5. Please provide an answer and a brief explanation to each of the following scenarios:
(a) Sissy, a well known chemist, after years of research developed a chemical substance that can be used as a detergent to remove stains from fabrics. She wants your advice as to how she should protect her invasion.
(b) Karen, an outdoors enthusiast, developed a device that would prevent any wild animals and reptiles from approaching closer than 100 feet radius from the device. She likes to market her invasion but before she does, she would your advice as to what property protections are available to her based on the type of product she plans to market.
(c) Mary a successful marketing executive has developed a strategy to successfully market newly developed products overseas. She is afraid that one day her strategy will be revealed or discovered by other professionals in the industry and would like to know what her options are in protecting such successful business idea.
(d) Tom, a computer savvy, after years of using computers and playing computer games he developed a unique computer game for adult players. Each player of this game can create multiple themes, scenarios, and other imaginable concepts as part of the game and save them for future access. Tom wrote the software code (program) for the game and designed all the characters that participate in the game. Tom would like you to help him with protecting his computer game. What type of protection does he need to successfully protect his intellectual rights?

6. Kelly recently purchased a water view property at Big Dream Lake. After she moved into her new home at the property, she realized that she would also like to swim and sit on the beach during the warm weather days at the lake. You are the owner of the 10-acre parcel of land separating her property from the lake. She approached you and asked you if she can use your land to access the lake. You have no objection, but you like to make things formal especially after you studied property law in college. What are your options? Which option is best for you and why?