Business Law – Assignment Example
A.2 Sam Smith took his CD player to Slick Electronics, where he had bought the player, for repairs. Sam assumed that the repairs would be covered by his manufacturer’s warranty, but he did not raise the issue with the staff at Slick, nor did the Slick representative at the counter mention anything about the repair being covered, or not covered, by any warranty. As it turned out, the repair was not covered by the warranty since the damage was caused by being dropped. Slick presented Sam with a bill for the repairs. Sam refused to pay, grabbed his CD player and started to leave the store. Two Slick employees yelled at him. One went to the door to stop him from leaving and Sam and the other Slick employee started to scuffle. In the process the player fell to the floor and again broke. Eventually, the Mall’s security patrol came onto the scene to separate the parties and call in the police. However, by then both Sam and the Slick employee suffered injuries in the melee. Sam’s out of pocket damages were $1,000 for medical expenses and $200 for the CD player. The medical bills for the Slick employee was about the same.
1. Based on the facts as stated, if you were Sam’s attorney would you recommend instituting a suit on his behalf? If so, why; if not, why not? Yes. When injured and approached by the Slick employee Sam had not left the store. The limited liability of a shoplifting incident cannot occur inside the store. Excessive force should never be used in a case like this. If the CD player was left for repair, then Slick has the customer’s name and contact number. If the bill was in dispute, the case could have been solved in small claims court.
2. If a suit is filed by Sam, what torts should be alleged and on what basis? Assuming Sam got touched first, assault could be basis for a suit. Property damage could be claimed for the CD player, which was probably more than what Slick’s was out. False imprisonment could be argued due to the Slick employees stopping him from leaving.
3. Would your assessment of the case change if it turned out that the police arrested Sam in this matter? What if Sam were convicted of an assault? Yes. If Sam assaulted the Slick employee first than Sam would have no cause for suit.
4. Does Slick, or the injured Slick employee, have any valid tort claims against Sam? If so, what would they be? The only claim would be for the CD player repair, unless Sam assaulted the employee first. If Sam threw the first punch than the Slick employee might have a case.
B.2.7. Acme Market, and its president Cisco Kidd, was charged by the Food and Drug Administration for storing food shipped through interstate commerce in a manner that allowed access to rodents thereby exposing it to contamination and found guilty. The evidence was sufficient to convict Acme.
1. If Acme was convicted does it follow that its president should be indicted? Yes. Mr. Kidd can be indicted if the prosecution can prove his knowledge of the criminal activity.
2. Does it make any difference whether Cisco did or did not have specific knowledge of the facility that caused the problem? If so, why or why not? It would matter if he had specific knowledge. If he had specific knowledge of contamination of food, than he would be guilty of negligence.
3. Would it make any difference in your decision if Cisco did, or did not, take prompt remedial action when he was advised about the problem? Yes. If he took prompt action than Mr. Cisco would not be negligent. If he took no action, than he was putting profit over ethical business practices.
C.2.5 John was a freelance writer who sold articles to the local publisher for them to publish in their newspaper. The publisher bought one of his articles and published it; however, there was no written agreement between them. The publisher also archived the article on its on-line publication that web viewers would access and download for free. John sued the paper seeking damages.
1. What would be basis for John’s suit? Copyright infringement.
2. What defenses could the publisher raise against John’s suit? The implied usage of an article in a newspaper, especially today, is for the article to be used and archived.
3. What could the publisher have reasonably done to prevent this problem from coming up in the first place? A contract with explicit terms would have solved this problem. If John did not want his article archived, than he would not sell his article to this newspaper, and all the other terms would be set.
4. If you were the judge, how would you rule on John’s claim and why? I would dismiss the claim. It is common knowledge that all newspapers are archived. Twenty years ago it was microfilm, today it is online. If John wanted to keep the copyright, he should have kept the article.
5. If John prevails, what would be the damages? He would not prevail. If he did, the article would revert back to John with no damages since he was already paid.