Analyze the fact situation in terms of the elements that need to be proved in a negligence case.

ESSAY QUESTIONS PORTION
OF FINAL EXAM

In The Following Sections 1, 2, 3 & 4, Choose, Discuss And Fully Answer Only One Question Per Section. For This Final Exam, You Will Answer A Total Of Four Questions.
Choose one question per section to answer, and per question should be two pages,there are 4 sections
SECTION 1 – CONTRACTS
Remember Choose Only One Question From This Section

Question 1A
Stanley is the best friend of Francis, the owner of a candy store. Every day, Stanley spends at least five minutes in Francis’s candy store, looking at the candy and usually buying one or two candy bars. One afternoon, Stanley goes into the store, looks at the candy, and picks up a $1 candy bar. Stanley waves the candy at Francis without saying a word and walks out. Is there a contract? If so, how would it be classified in terms of formation, performance and enforceability?

Question 1B
Tom Jones, a leading singer, contracts to appear for one week in a show in connection with the Symphony Orchestra at the Aronoff Center, for the sum of $250,000.

A. Assume the Aronoff Center management notifies Tom Jones well in advance of his starting date that they had changed their mind and have hired someone else for the week in question – Kanye East (more like the Management has lost their minds!) Upset Tom Jones decides to sue. His manager encourages Jones to ‘get off his Not Unusual’ and seek employment during the specified week. Jones refuses saying, “I don’t have to look for a job. I can do absolutely nothing and still collect damages.” So what’s up pussycat, do you agree with Jones? Discuss.

B. Assume that Jones had started to perform as agreed, but the third night he showed up drunk, got into a fight with the Aronoff Management, walked off the job and refused to return. Aronoff Management then rushes in Rapper X.I. as a replacement. Aronoff Management finds Jones under a table passed out mumbling “ Total Performance, Substantial ….. [unrecognizable babbling continues]….” Pity, if only you could have heard him! Can Jones recover anything, anything at all, from the Aronoff Center for the two nights he worked? Seven days in a week, who gets what pay and why?
C. Would your answer to the preceding question (#B) be the same if (instead of walking off the job) Jones had become seriously ill and unable to perform for the balance of the week? The Aronoff Management is pissed and angry and wants to sue Jones for the days he did not perform. Jones hears about the impending lawsuit and calls from the hospital screaming, “I deserve some pay and to be completely discharged from the contract…[mumble]….. by the theory of……[mumble]…..” (Poor Jones, he passed out again!) Is Jones correct? Please discuss the appropriate theory of law.

Question 1C
Fully discuss the contractual development of Quasi-Contract. What is it? Provide three (3) examples of its application.

Question 1D
Give an example of an Assignment of rights and explain the relationship of the parties. Create an example to illustrate your point. (Perhaps add a diagram and arrows. I love diagrams and arrows)

SECTION 2 – NEGLIGENCE / STRICT LIABILITY SECTION. Remember Choose Only One Question From This Section
Question 2A
PALSGRAF v. LONG ISLAND RAILROAD
A male passenger carrying a package, while hurrying to catch and board a moving Long Island Rail Road train, appeared to two of the Railroad’s (Defendant’s) employees to be falling. The Railroad employees were guards, one of whom was located on the car, the other of whom was located on the platform. The guard on the car attempted to pull the passenger into the car and the guard on the platform attempted to push him into the car from behind. The guards’ efforts to aid the passenger caused the package the passenger was holding to fall on the rails of the track.
Unbeknownst to the guards, the package, which was approximately 15 inches long and wrapped in newspaper, contained fireworks and the package exploded when it hit the rails.
The shock reportedly knocked down scales at the other end of the platform (although later accounts suggest that a panicking bystander may have upset the scale), which injured Mrs. Helen Palsgraf (Plaintiff). Mrs. Palsgraf sued the Railroad, claiming her injury resulted from negligent acts of the Railroad employees. The trial court and the intermediate appeals court found for Mrs. Palsgraf (Plaintiff) by verdict from a jury, and Long Island Railroad appealed the judgment.
Assume that you are the great and learned Judge Cardozo and you get the final word on this case. (What you write will be read and studied by other judges, lawyers and students for decades). Analyze the fact situation in terms of the elements that need to be proved in a negligence case. In essence, why did Mrs. Palsgraf lose this case?

a. Analyze the fact situation in terms of the elements that need to be proved in a negligence case.
b. Why did Mrs. Palsgraf lose the case? What in the fact situation made it difficult for her to establish a case of negligence.

Question 2B. Take Me Out To The Ball Game
A foul ball struck Marie on the head while she was watching The Reds play the Philadelphia Phillies at Great American Ballpark in Cincy. The ball came through a hole in a screen designed to protect spectators sitting behind home plate.
The screen contained several holes that had been repaired with baling wire lighter in weight that the wire used in the original screen.
Although the manager of the stadium makes no formal inspections of the screen, his employees do try to repair the holes as they find them. Weather conditions, rust deterioration, and baseballs hitting the screen are the chief causes of these holes.
The Reds replaces the screen every two years. Marie chose this particular seating section because of the safety factor of the protective netting. She wanted to avoid at all costs the possibility of a “line-drive foul ball” coming anywhere near her body. Marie argues that the netting should have prevented the ball from sailing into the stands and striking her and that The Reds are at fault!
Marie sues The Reds for negligence under the doctrine of Res Ipsa Loquitur? Can she make her case?

Question 2C – BANO
Bano was injured while driving his spanking brand new sports car manufactured by the J.D. Motors, Inc. In their advertisement materials, J.D. Motors proudly announced “the sports car that can go from 10 m.p.h. to 150 m.p.h. in a matter of seconds”. Bano, who has never driven a sports car, is anxious to test drive the car. Analyze each of the following situations and discuss both Bano and J.D. Motors’ rights to recover? Remember to state your theory.

A. Bano’s injuries were caused when the steering mechanism in his spanking brand new sports car failed as he was driving a practice lap on the NASCAR Kentucky Speedway at 110 m.p.h. (heck, even the steering wheel came apart from the car). Will Bano recover? Why? What is his theory?

B. Bano was traveling in his brand new sports car driving normally on a highway following the speed limit of 55 MPH. Several hundred of yards ahead he sees stopped traffic on the highway. He steps on the brakes ….. nothing happens! He begins to pump hard on the brakes …. Still nothing happens! He is almost to the stopped traffic …. Finally he slams on the brakes, misses the stopped traffic but sports car rolls over several times injuring Bano. Bano sues J.D. Motors. Will Bano recover? Why? What is the theory?

C. Continuing with the brake problem above in #B, a discovery investigation through written interrogatories (wait a minute.. Bano wants to know, “What are written interrogatories and how do they work) reveals that J.D Motors purchased a component part (which turned out to be a defective part) from the Parts R Us Company. J.D. Motors used the part in the making of its Brakes System. J.D Motors argues that it should not be held liable for the defective part of the brake because simply put “J.D Motors did not create that portion of the brakes that turned out to be defective”. Bano argues that both are responsible for his injuries. He brings lawsuits against both J.D Motors and Parts R Us Company? What results and under what theory of recovery?

D. J.D. Motors issued a Recall Notice notifying Bano that there was a potential hazard in the car’s braking system. But Bano failed to bring his car into Dealer J.D. Motors, for inspection and repairs. He felt that he could repair any problems of the car. A week later, while driving, Bano’s sports car brakes failed and as a result Bano is injured. Will Bano recover? Why? What is the theory?

E. What if Bano’s injuries were caused by his driving in excess of the speed limit down a known dangerous road – ‘Dead Woman’s Curve’. Unfortunately, he was not able to keep reasonable control of the car during a rain storm on this road causing him to rear end a truck. Will Bano recover? Why? What is the theory?

Question 2D
Delta Company makes and sells table saws, which are designed to be safe if used properly. Earl buys a Delta brand saw. To reach a toolbox on a high shelf in his garage, Earl props the saw at an angle against a cabinet and actually climbs onto the saw. (You’ve read correctly, Earl is actually standing on the table saw to reach a shelf overhead!) Earl loses his footing, slips off the saw, falls on the blade, and is injured.

Earl files a product liability suit against Delta, on the grounds of negligence and strict liability stating that the table saw is defective and abnormally dangerous to the normal consumer (You know, normal consumers like him!). What must Earl show to establish his case? Does Earl have a prayer of winning?

SECTION 3 –
INTELLECTUAL PROPERTY & EMPLOYMENT LAW
Remember Choose Only One Question From This Section

Question 3A – THE PRODUCT
In class, we studied the principles of Intellectual Property by examining the product of “Coca-Cola”. Following the Coca-Cola example, choose any product that your hear desires and discuss the fundamental basics of intellectual property rights through the following:
• Copyright
• Trademarks
• Patents
• Trade Secrets
• Any Infringement Issues

Question 3B.
During the years prior to the passage of the Civil Rights Act of 1964, Duke openly discriminates against African-Americans by allowing them to work only in the labor department of the plant’s five departments. The highest paying job in the labor department paid less than the lowest paying jobs in the other four “operating” departments in which only Whites were employed in 1955, the company began requiring a high school education for initial assignment to any department except the labor department.

However, when Duke Power stopped restricting African-Americans to the labor department in 1965, it made completion of high school diploma and the passing of two tests, a prerequisite to transfer from the labor department to any other department. Neither of the two tests administered was directed or intended to measure the ability to learn to perform a particular job or category of any jobs at the plant.

White employees hired before the high school education requirement was adopted by Duke continued to perform satisfactorily and to achieve promotions in the “operations” departments.

Griggs brought suit against Duke Power, claiming that the high school education and testing requirements were discriminatory and therefore prohibited by the Civil Rights Act of 1964.

1. Is Griggs Correct? Why? Are there any apparent Title VII problems.

2. Duke hires YOU to correct their employment scheme. Duke wants a successful plan implementing Title VII. What changes and solutions do YOU bring to the table. Please Explain Fully.

3. Brian Weber is a 32 years old White Male who works in one of Duke’s operating departments. Like many others at the plant, African-American and White, he would like to improve his job and income. He dislikes your plan! He contends that your plan discriminates against Whites. Weber sues Duke citing “reverse discrimination”. Whatever that is? What s your response?

Question 3C
Plaintiff Beth Lyons, a staff attorney for the Legal Aid Society (Legal Aid) brought suit against her employer, alleging that Legal Aid violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act failing to provide her with a parking space near her office. Plaintiff worked for the defendant in its lower Manhattan office.

Lyon’s disability was the result of being struck and nearly killed by an automobile. From the date of the accident (September 1987) until June 1993, Lyons was on disability leave from Legal Aid; she underwent multiple reconstructive surgeries and received “constant” physical therapy. Since the accident, Lyons has been able to walk only by using walking devices, including walkers, canes and crutches. Since returning to work Lyons has performed her job duties successfully. Nevertheless, her condition severely limits her ability to walk long distances either at one time or during the course of the day.

Before running to work, Lyons asked Legal Aid to accommodate her disability by providing her a parking space near her office and the courts in which she would practice. She stated that this would be necessary because she is unable to take public transportation from her home in New Jersey to the Legal Aid office in Manhattan because such “commuting would require her to walk distances, climb stairs, and on occasion to remain standing for extended periods of time,” thereby “overtaxing her limited physical capabilities.”

Lyons’s physician advised Legal Aid by letter that such a parking space was “necessary to enable Lyons to return to work.” Legal Aid informed Lyons that it would not pay for a parking space for her. Accordingly, Lyons has spent $300 to $520 a month, representing 15 percent to 26 percent of her monthly net salary, for a parking space adjacent to her office building.
Are the accommodations requested by Lyons unreasonable? Why? Or Is it unwarranted preferential treatment as Lyons’ supervisors have alleged in their initial review?

The Company’s Headquarters request YOU to write an advisory report on this issue. Remember, you are a Manager writing to a nameless Board of Directors – This should be a teachable moment! You better start with the basics, they are absolutely clueless.

1. What is Americans with Disabilities Act (ADA)? Does Lyons’ fit within the ADA statute?
2. “Reasonable Accommodation”? What is it? Please Explain
3. What is your conclusion?
4. Why? Explain.

SECTION 4
Everyone Must Answer This Question

Choose any TOPIC from the Business Law Environment Course that you found particularly interesting and fully discuss. Your objective:


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