Reference no: EM133938087

Question

Mr. Weinstein slipped and fell on a small patch of ice outside a popular car wash. Mr. Weinstein was late for an appointment and was walking somewhat faster than usual just prior to taking the tumble. Ms. Smith, the owner of the car wash, was proud of the 10-year safety record she had established up until this point. She attributes this safety record to being acutely aware of the problems ice causes in winter when wet vehicles exit the car wash, leaving puddles in their wake. On a related front, Smith also held frequent staff meetings in order to emphasize how important it was to prevent ice formation and to salt the sidewalk according to a very strict schedule. The supervisor on shift when Weinstein fell was adamant that the area had been salted prior to the incident. He also conducted an inspection of the area immediately after the fall and found only a very small patch of ice had been missed. Is Smith liable? Is Weinstein contributorily negligent? Explain Briefly.

Sandra has invented a robotic process that that prepares pizza 10x faster than any human can. She wants to protect the patent and sell it to major pizza chains or she may be able to protect the method by keeping it a secret for now. What are the advantages and disadvantages of patents versus trade secrets? What factors should be considered in making a choice between secrecy and patenting?