EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
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Chapter 10, Problem 3RE
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:Criminal liability of the backhoe operator for puncturing the pipeline.
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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.
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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
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