1. Ben is driving while trying to text his girlfriend that he is running late for their date. He crashes into a light pole. The light pole falls over, hitting electric wires, causing them to break and now electrical current is hitting the ground. The ground is very dry due to a long-lasting heat wave and the grass quickly catches on fire. The fire spreads to Alexs house and it is completely burned before the fire department arrives. If Alex sues Ben for his negligence, do you think Alex win win? Thoroughly explain the reason for your answer.

2. George has a badly infected right foot. He goes to Dr. Herb, a surgeon, who recommends the foot be amputated. George agrees. Dr. Herb does the operation. Unfortunately, Dr. Herb cuts off the wrong foot. If George now sues Dr. Herb, what special negligence doctrine might he use? Explain the doctrine, what George must show, and how it may apply to help George recover.

3. Amanda lives in Navarre. Recently, the town council voted for a new ordinance requiring that pools must be enclosed by a fence that is at least five feet tall. After the ordinance is passed, Amanda builds the pool she has always wanted. She fences it off, but to save some money, her fence was only four feet tall. One day, some neighborhood children climb over the fence and enjoy a swim. Unfortunately, one of the children dives in the shallow end, hits his head, and is injured. The childs parents now sue Amanda for negligence.

What doctrine can the child's parents use in this situation and how will it help them win the tort action?

4. Explain why it is so important for a business to seek protection for its intellectual property?

5. Peter creates a perfume for dogs. He comes up with the catchy name, Pucci for his dog cologne. Gucci, a manufacturer of fragrances for men and women, did not find the humor in this name and now want to challenge this parody use of their name for a dog perfume. If Gucci sues, what is the basis of their action, and what laws will apply? Applying that law, will Gucci be successful? Explain and defend your answer.

6. What is trade dress? Explain how it is similar to and/or different from a trademark, including whether they get similar types of protection.

7. Tina has written a book about deadly mermaids that travel around the Caribbean and attack unsuspecting snorkelers and divers. The book is published and soon hits the New York Best Seller List but Tina and her publisher forgot to register the book with the U.S. Copyright Office. One day Tina sees a more recent book by another author and it is about deadly mermaids that travel the Pacific Ocean, stealing sailboats from unsuspecting boaters.

a. Can Tina bring a successful suit for copyright infringement? Why or why not? Explain and defend your answer.

8. Sonya Sunset is a popular country-western music performer. Many of her songs have been on the top of the charts. She has fiercely maintained her independence as an artist and does not have a contract with or the backing of a major record label. Her songs are privately made in a small studio and can be purchased through Apple iTunes, Amazon Music and her own personal website. Recently, Sonya has noticed that her songs are being uploaded to various U tube user channels without her permission. One particular u tube user, who goes by the screen name NeverPay$, has uploaded thousands of artists songs, including all of Sonya's.

a. Sonya wants her music removed from all u tube channels. What would be her first steps and why?

b. Assuming her initial actions do not work, could Sonya sue? If so, who could she sue, based on what law(s), and do you think she would win?