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
Question
Chapter 7, Problem 1BS
Summary Introduction
Case summary: The company P was hired to arrange fireworks display. While displaying fireworks, the persons D and MK got injured and they sued the company for strict liability.
To explain : The possibility of the court to agree with persons D and MK.
Summary Introduction
Case summary: The company P was hired to arrange the fireworks display. While displaying the fireworks, the persons D and MK got injured and they sued the company for strict liability.
To explain : The factors considered by the court while making the decision.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that:
A. Rebekah is not liable if someone else was witnessed planting the marijuana
B. Rebekah is not liable because she had no illegal intent
C. Rebekah is liable only if she was found to be negligent in not recognizing the marijuana
D. Rebekah is liable even though she had no illegal intent
Henry is driving his car when suddenly the brakes fail. He is unable to stop and crashes into a motor cycle ridden by Susan who is not wearing an helmet. The motor cycle is damaged and Susan is severely injured.
Using at least two decided cases, advice all parties of their legal positions in civil law.
B. Distinguish between assault and battery. Use appropriate examples and case law to substantiate your answer.
Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
Chapter 7 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- A woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier. How do you think a court might assess the defendant’s claim of no liability?arrow_forwardEllen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.arrow_forwardCase: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the casearrow_forward
- a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifestedarrow_forwardIn the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that: 1) Dreyer had permission to drive the government's car, but was off duty at the time of the accident. 2) Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened. 3) Zankel was contributorily negligent, relieving both Dreyer and the government of liability. 4) Dreyer was following all of the applicable traffic laws at the time of the accident.arrow_forwardClarice, a young woman with a mental disability, brought a malpractice suit against a doctor at the Medical Center. As a result, the Medical Center refused to treat her on a nonemergency basis. Clarice then went to another local clinic, which was later acquired by the Medical Center. Because the new clinic also refused to treat her, Clarice had to seek medical treatment in another town 40 miles away. Has the Medical Center violated the antitrust laws? Was it ethical to deny treatment to a patient?arrow_forward
- Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.arrow_forwardJohn’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespassarrow_forwardMaranda says that she is fed up with the way a certain employer in Kennesaw treats employees and that she is going to sue that employer in an effort to improve matters. Although she is not a lawyer, Maranda believes that the offenses of the employer are so severe that a court will appreciate her attempt to make things better for the employees involved. Can Maranda act as plaintiff for the employees? Yes, so long as they file no objection Yes, so long as she gets permission slips from them No because venue is lacking No because she lacks standing Yes, so long as she gives any money he receives to themarrow_forward
- 49-5. Landlord-Tenant Relationships. Bhanmattie Kumar was walking on a sidewalk in Flushing, New York, when she tripped over a chipped portion of the sidewalk and fell. The defective sidewalk was in front of a Pretty Girl store-one of a chain of apparel stores headquartered in Brooklyn-on premises leased from PI Associates, LLC. Kumar filed a claim in a New York state court against PI, seeking to recover damages for her injuries. PI filed a cross-claim against Pretty Girl. On what basis would the court impose liability on PI? In what situation would Pretty Girl be the liable party? Is there any circumstance in which Kumar could be at least partially responsible for her injury? Discuss. [Bhanmattie Rajkumar Kumar v. PI Associates, LLC, 125 A.D.3d 609, 3 N.Y.S.3d 372 (2 Dept. 2015)] (See Landlord-Tenant Relationships.)arrow_forwardWhen one of the Yellow Cab Company’s drivers was murdered on the job, his estate sought to obtain workers’ compensation death benefits. The cab company claimed that the estate had no entitlement to those benefits because the deceased was an independent contractor. What should the court decide? (Nelson v. Yellow Cab Co., 564 S.E.2d 110 (S.C. 2002)arrow_forwardJoseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.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