Freddie is driving his motorcycle in a state in which helmet use is required by statute. Freddie is not wearing his helmet because it flattens his hair and he thinks he looks sexier without it. As Freddie is driving down the highway, a car driven by Renee pulls out directly in front of Freddie. Freddie runs into Renee's car and receives severe head injuries. Freddie sues Renee. What defenses, if any, can Renee assert?
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Freddie is driving his motorcycle in a state in which helmet use is required by statute. Freddie is not wearing his helmet because it flattens his hair and he thinks he looks sexier without it. As Freddie is driving down the highway, a car driven by Renee pulls out directly in front of Freddie. Freddie runs into Renee's car and receives severe head injuries. Freddie sues Renee. What defenses, if any, can Renee assert?
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- An intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsLeon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?
- Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.Erin is a lawyer with twin sons that are 12 years old. Erin is resting in her bedroom when she hears loud noises in the family room. She springs up, runs to the family room, and sees one son, Phil, punch the other son, Kip. Erin immediately orders Phil to stay in his room for the rest of the day and to not use the internet for 48 hours. As Phil mopes along the hallway to his room, Phil shouts. "Kip punched me first!" What legal principle would Erin recognize Phil's remark as being? O ad hoc because Phil is adding an accusation against his opponent Kip. O in pari materia because Kip attacked in the same manner as did Phil O caveat emptor because Phil thinks he is right. O jus ad bellum because Kip's action is what actually started the fight (the "war") O in pari delicto because they (Phil and Kip) are at equal fault.In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?