The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Concept explainers
Question
Chapter 10, Problem 1RE
Summary Introduction
Case summary: The person E worked for P&A company as a roadmaster for a railroad in Alaska. He was responsible for safe and effectual maintenance of tracks, marine facilities, and structures. A rock quarry project punctured a high-pressure pipeline running beneath. The person E was held responsible for carelessness and toxicities in water.
To find:The required mental state (mens rea) of the person E for conviction of a crime.
Expert Solution & Answer
Explanation of Solution
The application of state of mind under criminal liabilities states that a person is responsible for the obligation for behaving irresponsibly towards the property of others, and also for cheating the owner of the property.
In the above case discussed, the person E can be convicted on the basis of the required state of mind. It is because he was solemnly responsible for the operations and could have exercised the desired powers to prevent the act of damage.
Want to see more full solutions like this?
Subscribe now to access step-by-step solutions to millions of textbook problems written by subject matter experts!
Students have asked these similar questions
Fact Pattern:
Mary and Joe, among others, work as window washers on a skyscraper in NYC. To access the windows they use a rope and scaffold system governed by OSHA Standard 29 CFR §§ 1910.27 and 1926 (ignore any NY Law). Mary was set to work on the east side of the building with her team of window washers, and Joe was set to work on the west side of the building with his team of window washers. The two sides are completely independent of each other. As Joe was doing his inspection, he noticed that one of the scaffold cables was slightly frayed. Based on the fraying, he told his manager that he felt that the situation was unsafe, and he refused to get on the window washing scaffold. The manager said that the cable could not be replaced until the next day but that the fraying was not significant enough to impact the safety of the scaffold. The manager called a company engineer (with appropriate training and knowledge of cables) who indicated that while the cable should…
Linh owns and runs electronics hire business, Electric Town. When Wahid hires a projector from Electric Town, he is asked to sign a document containing the details of the projector and the duration for which he will be hiring it. At the bottom of the page there is a note in small print: “If any damage is caused to the projector including the casing being hired, the customer is liable to pay a repair fee”. Linh tries to inform Wahid about the repair fee, but Wahid is busy checking out the projector.
Wahid reads the details at the top of the document but doesn’t bother to read the smaller print at the bottom. He signs it and takes the projector home.
While using the projector, Wahid accidentally scratches its casing. While returning the projector to Electric Town the following week, he refuses to pay the repair fee.
1. Is Wahid bound to pay the repair fee to Linh?
ISSUE:
RULE:
APPLICATION:
CONCLUSION:
Broker Bessie obstructed a FREC investigation,
which is a second-degree misdemeanor. What
are the maximum criminal penalties?
$100 fine: 30 days incarceration
$5,000 fine; five years incarceration
$500 fine; 60 days incarceration
$1,000 fine; one year incarceration
Chapter 10 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, subject and related others by exploring similar questions and additional content below.Similar questions
- Osbom Operator is trying to decide whether he can consider Brooks to be an independent contractor. Osborn pays Brooks a salary but also frequent, large commissions, and the two have for 15 years had a continuing work relationship. In fact, Brooks has been working for Osborn so long that Osborn has allotted him many freedoms, including the ability to determine where, when, and how he wants to work. Even though Brooks performs the same work that is done by the employees in Osborn's business, all of whom work at the business location, Brooks almost never comes to Osborn's business workplace; instead, Brooks works at home in his pajamas without the supervision of Osborn. As long as Brooks completes the work on time, Osborn has no qualms. However, Osborn does require Brooks to do all of his work using the laptop provided to him by the company. Given this information, which characteristic concerning independent contractors and employees is most likely to give Osborn the most trouble in terms…arrow_forwardhelparrow_forwardDr. Ira, a dermatologist, promised to treat for Mek Sya’s skin problem until cured. Mek Sya did not give any consideration but Mek Sya’s daughter, Mek Con had given a diamond necklace to Dr. Ira. Mek Con had asked Dr. Ira to fulfil her promise to Mek Sya. However, Dr. Ira failed to do so. Can Mek Sya enforce Dr. Ira’s promise? Discuss by referring to the law of contract.arrow_forward
- Tube Art was involved in moving a reader board sign to a new location. Tube Art’s service manager and another employee went to the proposed site and took photographs and measurements. Later, a Tube Art employee laid out the exact size and location for the excavation by marking a four-by-four-foot-square on the asphalt surface with yellow paint. The dimensions of the hole, including its depth of six feet, were indicated with spray paint inside the square. After the layout was painted on the asphalt, Tube Art engaged a backhoe operator, Richard F. Redford, to dig the hole. Redford began digging in the early evening hours at the location designated by Tube Art. At approximately 9:30 P.M., the bucket of Redford’s backhoe struck a small natural gas pipeline. After examining the pipe and finding no indication of a break or leak, he concluded that the line was not in use and left the site. Shortly before 2:00 A.M. on the following day, an explosion and fire occurred in the building serviced…arrow_forwardSolve within 30 mins. with detailed explanationarrow_forwardJohn Beck was injured at the Drive-Thru at Taco Bell when an impatient driver behind him fired his gun at John’s car. When would Taco Bell be liable for John’s injuries? a. Taco Bell would be liable if John was negligent. b. Taco Bell is always liable for John’s injuries because he is an invitee. c. Taco Bell could never be liable for John’s injuries. d. Taco Bell would be liable if the firing of the shot was foreseeable.arrow_forward
- 18.6 Independent Contractor Yvonne Sanchez borrowed money from MBank to purchase an automobile. She gave MBank a security interest in the vehicle as collateral to secure the loan. When Sanchez defaulted on the loan, MBank hired El Paso Recovery Service, an independent contractor, to repossess the automobile. The two men from El Paso who were dispatched to Sanchez’s house found the car parked in the driveway and hooked it to a tow truck. Sanchez approached them and demanded that they cease their efforts and leave the premises, but the men nonetheless continued with the repossession. Before the men could tow the automobile into the street, Sanchez jumped into the car, locked the doors, and refused to leave. The men towed the car at a high rate of speed to the repossession yard. They parked the car in the fenced repossession yard, with Sanchez inside, and padlocked the gate. Sanchez was left in the repossession lot with a Doberman Pinscher guard dog loose in the yard. Later, she was…arrow_forwardElly enters into a 12-month lease with Mike to rent Mike’s house for $1000 per month. After 3 months, Elly moves out of the house and disappears. It takes Mike 1 month and $2000 to repair the damage that Elly caused. He rents the house to a new renter for $900 per month after the repairs are completed. Mike will sue Elly to seek damages. What are his damages? Please itemize and total the list. Was he required to rent the house to someone else? Why or Why not?arrow_forwardDogarrow_forward
- Dr. Susan Rice asks Bruce Goldman, CMA (AAMA), to instruct patient Dottie Tate in the use of a walker to prevent further falls at home. Dottie is silent as Dr. Rice leaves the examination room and Bruce proceeds to set the walker correctly. However, when Dottie sees that Bruce must once again put Dottie in a gait belt for her protection—the belt was used earlier in the examination to assess Dottie’s ability to ambulate—the patient gets feisty. She is visibly tired and ready to go home. “I’ll learn to use the walker if I have to, but I won’t wear that belt. It makes me feel like a baby. And it’s such a bother. Who wants to go through all that? We just don’t need it.” Answer the following questions, which are also found in the Reflection Activity for Chapter 32 of the textbook: What is the best action of the medical assistant? What is the best therapeutic response of the medical assistant? Could the situation have been avoided? If so, how? If not, why not?arrow_forwardEngineer Darren, a geodetic engineer, is running a survey of a tract of land when Joshua, a young man who has been standing by and watching the procedure being performed by the surveyor, offers to help. No price or terms of employment are mentioned. The engineer permits the young man to help him finish the remaining portion of the survey. a. Has a contract been established? b. If so, what type of contract is it? c. Is the young man warranted to demand payment from the engineer?arrow_forwardIn employment establishments, an employee may be different from an independent contractor. By reference to case law, explain the tests used by courts to distinguish an employee from an independent contractor.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education