Foundations Of The Legal Environment Of Business 1st Edition Marianne M. Jennings - Solutions

5. Between 1985 and 1990, while attending college, Beth Ann Faragher worked part time and during the summers as an ocean lifeguard for the Parks and Recreation Department of the City of Boca Raton.
4. The Masonic nursing home has mostly female occupants and hires fewer male attendants than female ones. Home administrators maintain that the female occupants (for privacy reasons) would not
3. On August 11, 1980, Shelby Memorial Hospital hired Sylvia Hayes, a certified X-ray technician, to work the 3–11 P.M. shift in the hospital’s radiology department.Two months later, she was
2. Vivian Martyszenko was working as a cashier at a Safeway grocery store in Ogallala, Nebraska, when she received a call from the police informing her that her two children might have been
1. Patricia Lorance is an hourly wage employee at the Montgomery Works AT&T electronics products plant.She had been employed there since the early 1970s and under union rules accrued seniority
3. Do the dissenting justices believe that the court must define the essential elements of the game of golf?
2. Is Mr. Martin seeking a public accommodation or an employee accommodation?
1. Does the use of a cart fundamentally alter the game of golf?
3. What is the court’s position on tort liability of the company with respect to the fetus?
2. List the plaintiffs who brought suit in the case. Why is the exclusion of men from the policy important to the court?
1. Describe Johnson Controls’ evolving policy on lead exposure.
4. Does it matter that the company is unaware of the harassment?
3. What is the liability of a company for harassment of an employee by an immediate supervisor?
2. When will an employer be held liable for sexual harassment despite a lack of actual knowledge?
1. What is vicarious liability?
3. What would Liberty have to offer as evidence to establish it did not discriminate?
2. How were the plaintiffs fired using the rule?
1. What employer rule is at issue?
5. OSHA requires vehicles with an obstructed rear view to be equipped with a reverse signal alarm. Mr. Knight, an independent contractor working for Clarkson Construction, operated a Clarkson dump
4. Whirlpool is a manufacturer of household appliances.In its plant in Marion, Ohio, Whirlpool uses a system of overhead conveyor belts to send a constant stream of parts to employees on the line
3. Lennen & Newell, Inc. (L&N), is an advertising agency hired by Stokely-Van Camp to do its advertising.L&N contracted for the purchase of ad time from CBS, but no Stokely representative’s
2. Nineteen-year-old Lee J. Norris was employed by Burger Chef Systems as an assistant manager of one of its restaurants. On a day when he was in charge and change was needed, Mr. Norris left to get
1. On September 29, 1984, Wilton Whitlow was taken to Good Samaritan Hospital’s emergency room in Montgomery County, Ohio, because he had suffered a seizure and a blackout. He was examined by Dr.
3. Explain what liquidated damages are and when they are available for recovery
2. What are the standards for holding an officer liable for FLSA violations?
1. What shows willfulness of a violation?
3. Does this case create any affirmative legal duty for helping those in danger?
2. Did Mr. Gardner do the right thing in leaving his truck unattended? What were his ethical obligations under the circumstances? What would you have done?
1. Why is this case different from one in which an employee “rescues” a member of the public from fraud in bids or injury from defective products?
5. Systems and Software, Inc. (SAS), located in Colchester, Vermont, designs, develops, sells, and services software that allows utility providers to organize their data, including customer
4. Russell Stover is a candy manufacturer that ships its products to 18,000 retailers nationwide. Stover designates resale prices for its dealers but does not request assurances from them that they
3. In April 1965, Berkeley Heights Shopping Center leased 11,514 square feet of space to A&P Supermarkets.Under the terms of the lease, Berkeley agreed not to lease any other shopping center space to
2. Budget Rent-a-Car andAlohaAirlines have developed a “fly-drive” program. Under their agreement, customers ofAloha receive a $7 first-day rental rate for car rentals (the usual rate is $14).
1. Amanda Reiss had completed her residency in ophthalmology in Portland, Oregon, and was moving to Phoenix, Arizona, to start her practice. She began looking for office space and met with a leasing
3. What risks are there in allowing minimum price requirements?
2. What points does the court make about not having minimum prices in terms of reducing competition?
1. What reasons did Leegin give for wanting the minimum price established for its retailers?
3. What does Victoria’s Secret have to prove to get an injunction under the FTDA?
2. What is Victoria’s Secret concerned about?
1. Why was the connection that the Army officer made between the two companies not enough for dilution?
3. Can Harley-Davidson reclaim the term hog from its generic standing?
2. What was the effect of Harley-Davidson trying to distance itself from “hog” for a time?
1. Who used the term hog first among the two parties?
3. Should the owner of the rights be allowed to decide how a song will be parodied for commercial gain?
2. Why did 2 Live Crew’s manager seek permission first?
1. What is the significance of 2 Live Crew’s commercial gain from the parody?
5. Vincent Chiarella was employed as a printer in a financial printing firm that handled the printing for takeover bids. Although the firm names were left out of the financial materials and inserted
4. Beginning in March 1981, R. Foster Winans was a Wall Street Journal reporter and one of the writers of the“Heard on the Street” column (the “Heard” column), a widely read and influential
3. Steve Hindi is an animal rights activist who owns$5,000 in Pepsi stock. He discovered that Pepsi advertises in bull rings in Spain and Mexico, and he has attended annual shareholder meetings and
2. In August 1994, Mervyn Cooper, a psychotherapist, was providing marriage counseling to a Lockheed executive. The executive had been assigned to conduct the due diligence (review of the accuracy of
3. Could others have done research and obtained the same information Mr. O’Hagan had?
5. A. W. Ham Jr. served on the board of directors for Golden Nugget, Inc., a Nevada corporation. In 1969, while Mr. Ham was a director and legal counsel for Golden Nugget, he obtained a leasehold
4. Allan Jones sold a ski shop franchise to Edward Hamilton. Although Mr. Jones did not contribute equity to the business or share in the profits, he did give Mr. Hamilton advice and share his
3. The SEC charged HealthSouth with inflating its earnings by $1.4 billion over a three-year period, with total inflated earnings of $2.5 billion over a decade. The case was the first one brought
2. Aztec Enterprises, Inc., was incorporated in Washington with a capital contribution of $500. Aztec’s incorporator and sole stockholder was H. B. Hunting. Aztec operated a gravel-hauling business
1. Gailey, Inc., incorporated in 1980, removed asbestos and mechanical insulation on contract jobs that required union labor. Richard Gailey had been the president, controlling shareholder, and
3. What alternatives do shareholders have to litigation?
3. What must be shown to hold a parent liable for the actions of the subsidiary? Are joint directors of parent and corporate subsidiaries alone evidence of a need to pierce the corporate veil?
1. In May 1976, TRW (a credit reporting agency) issued a consumer report on Bennie E. Bryant in connection with his application for a federally insured home loan under the Veterans Administration.
3. Were the differing terms disclosed in the solicitation?
2. What was different about the credit terms from what was in the Schumer Box?
1. Describe the Schumer Box and what was in it in the Fleet solicitation. What is its role in consumer credit disclosure?
3. Do you think a criminal record is an indication of character?
2. Is the use of the criminal record in making a decision to extend credit a violation of the ECOA? Explain.
1. What, according to Mr. Bonner’s expert, is the impact of considering criminal records of applicants?Did the evidence support the expert’s testimony?
6. Betty Lobianco had a burglar alarm system installed in her home by Property Protection, Inc. The contract for installing the system provided:Alarm system equipment installed by Property
5. Northland Ford Dealers sponsored a hole-in-one contest at the Moccasin Creek Country Club in South Dakota. The contest winner would receive a new Ford Explorer. Jennifer Harms registered for the
4. Dan O’Connor paid $125 to have the University of Notre Dame's leprechaun mascot tattooed on his upper arm with the words “Fighting Irish” inscribed above the little gnome. The tattoo parlor
3. Bernina Sewing Machines imports sewing machines and parts for U.S. distribution. Its contract prices are in francs. Because of the devaluation of the U.S. dollar, Bernina wants to be excused from
2. Tony Curtis, a respected actor, entered into a contract to write a novel for Doubleday & Company, publishers.Because of complex divorce proceedings and other personal factors, Mr. Curtis was
1. Robert G. Rawlinson was employed by Germantown Manufacturing in Marple Township as its assistant controller. He embezzled $372,113.21 from the company, which discovered the theft, though not the
3. Should Mr. King and the real estate agents have disclosed the information to Mrs. Reed? Was there an ethical obligation to do so?
2. Why is the ability to quantify the effect of the murders important to the court?
1. Name the two conflicting public policy concerns the court has about requiring disclosure vs. not requiring disclosure.
4. Procter & Gamble (P&G) began a Pampers catalog promotional offer in 1981. A statement on each box of Pampers explained that by saving the teddy bear proofof-purchase symbols (Teddy Bears points)
3. Consider the following sequences of offers and acceptances and determine whether in each case there would be a contract.
2. Would an arbitration clause added to the reverse side of a buyer’s purchase order be a material change for purposes of the merchant’s battle of the forms under Section 2–207 of the UCC?
1. L. A. Becker Co., Inc., sent D. A. Clardy a $100 down payment along with a merchandise order. Clardy deposited the check, as was its usual daily practice for payments. After examining the offer,
3. Does a writing that does not comply with the statute of frauds make the alleged contract void?
2. List the elements that made the writing meet statute of frauds requirements.
1. Why was the contract required to be in writing?
3. What responsibility does the court impose on those who use Web sites for contracting purposes?
2. Does it matter to the court that neither side ever signed a written agreement?
1. Describe the ordering process between the two parties.
2. Why did the court refer to the fact that Ms. Cantu’s forwarding address was 50 miles away from the place where she delivered her offer to resign?
1. Who was the offeror? Does the UCC apply in this case?
3. Will Mr. Leonard get his Harrier jet? Why or why not?
2. Why is whether the ad is funny an important issue?
1. When does the court think an offer was made?
2. Seven-Up Co. began distributing its soft drinks, including its lemon-lime 7UP, in the 1920s, and by the time Coca-Cola introduced its lemon-lime soft drink, Sprite, in 1961, 7UP dominated the
1. Lawrence Dorneles purchased a used 1972 Buick GSX from Mr. Carpenito. Mr. Dorneles had seen Mr. Carpenito’s ad that contained a picture of the vehicle and that read as follows: “Buick 1972
3. Is the reasonable-expectation test one that makes the food producer or provider an insurer?
2. What test does Ohio follow—the foreign-natural or the reasonable-expectation test?And does the court think the Ohio test makes a difference in this case?
1. What did Ms. Mitchell eat, and what were her resulting injuries?
3. Describe the standards the court uses for stopping a misleading or false ad.
2. Why are mouthwash and floss competitors?
1. What are the limitations of the studies on which Pfizer relied?
3. What is the relationship between the preamble,“Contrary to prior advertising” and good faith?
2. Explain why the FTC must have corrective advertising as a tool.
1. What is the difference between the FTC’s order for corrective advertising and the court’s decision?

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Foundations Of The Legal Environment Of Business 1st Edition Marianne M. Jennings - Solutions

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