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Torts and Product Liability Driving Under Influence Scenario I Analysis
Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical iss ...
Torts and Product Liability Driving Under Influence Scenario I Analysis
Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.Scenario I—Torts and Product LiabilityOn his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.
Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
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Scenario II—TortsAfter the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.Scenario III—EmploymentLittle Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner's church, was hired.Research the state laws on nondiscrimination in Arkansas and your state.
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?
Scenario IV: Product LiabilityShenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Frances had no contractual relationship with Shenzhen Limited.
Discuss the validity of Shenzhen Limited’s defense.
Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully.
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CRM 123 – Case Analysis 4 Fact Patterns Write an analysis for each scenario below. See the Case Analysis Instructionsfor further information about completing the assignment.1.During class on Wednesday, while showing a movie, Professor saw smoke and smelled odor of marijuana from the back of the class. When she turned the lights on, she could not tell who had been smoking, and no one confessed to smoking it. She told the class that no one could leave until the perpetrator was identified. Professor locked the doors. Four hours went by, and when still nobody confessed, the students began to get anxious. Tyler grabbed Professor by the arms and shook her, shouting “I’m not staying in here any longer!” Joseph helped him kick down the door and the entire class followed them out. While leaving, Ron grabbed a piece of the door and threw it at Professor, who ducked out of the way. The piece of the door instead hit Diana, injuring her leg. Describe any and all torts you observe, and identify who can sue whom and why. 2.Remember our friend Ana? You may recall she attempted to rob the bank, but mistakenly grabbed the duffel bag of the person next to her and ran out of the bank. When she got back to Summer’s car, she opened the bag and discovered it held $100,000 and a gun. The tag on the bag read “If lost, return to Liz” along with an address and phone number. Ana’s great attorney managed to have the case dismissed, and she used some of the money from the bag to pay him, buy a brand new Jeep Wrangler, and pay her tuition. She then spent the rest partying with Jennifer, Felicia, and Katie. The group decided to go to Club Disco to hang out. Alexis, the bartender, got a great tip by serving them Long Island Iced Teas all night. She was even nice enough to help them to the car safely since they were stumbling and falling. Ana sped off and hit Kurt’s car, which he was driving on the wrong side of a two-way road with the headlights off. His car was totaled. Upon impact, Katie, who was not wearing her seatbelt, fell out the back of the Jeep and hurt herself. Describe any and all torts you observe, and identify who can sue whom, and why. Include any defenses you see. 3.Rich is an avid duck hunter. One day, he spotted a beauty flying over his neighbor Kim’s house. He aimed, fired, and shot the duck, which fell onto Kim’s roof. Matt hopped over the fence into Kim’s yard then climbed on her roof. While retrieving the duck, Matt slipped and fell off the roof, but luckily landed on the balcony outside of Kim’s window. Matt peeked in and saw Kim and Carolyn watching “Glee,” dancing around and lip syncing to the songs. He took some photos with his cell phone and uploaded them to YouTube the next day. Describe any and all torts you observe, and identify who can sue whom, and why.
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Most Popular Content
Accounting Automation
Imagine you are a consultant hired to convert a manual accounting system
to an automated system. Suggest the key advanta ...
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Imagine you are a consultant hired to convert a manual accounting system
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Torts and Product Liability Driving Under Influence Scenario I Analysis
Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical iss ...
Torts and Product Liability Driving Under Influence Scenario I Analysis
Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.Scenario I—Torts and Product LiabilityOn his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.
Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
Explain how the court should rule. Provide support for your decision.
Scenario II—TortsAfter the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.Scenario III—EmploymentLittle Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner's church, was hired.Research the state laws on nondiscrimination in Arkansas and your state.
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?
Scenario IV: Product LiabilityShenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Frances had no contractual relationship with Shenzhen Limited.
Discuss the validity of Shenzhen Limited’s defense.
Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully.
21 pages
Under Armour 1
The development of media channels, diversity of customers and increased globalization has seen corporate marketing operati ...
Under Armour 1
The development of media channels, diversity of customers and increased globalization has seen corporate marketing operations become more complex ...
4 pages
1lack Of Inclusion And Credibility
Lori enters the room, and no one seems to notice her gives her idea attention and focus. Different ways exist through whic ...
1lack Of Inclusion And Credibility
Lori enters the room, and no one seems to notice her gives her idea attention and focus. Different ways exist through which one can interpret the ...
Law and Legal system
CRM 123 – Case Analysis 4 Fact Patterns Write an analysis for each scenario below. See the Case Analysis Instructionsfor ...
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CRM 123 – Case Analysis 4 Fact Patterns Write an analysis for each scenario below. See the Case Analysis Instructionsfor further information about completing the assignment.1.During class on Wednesday, while showing a movie, Professor saw smoke and smelled odor of marijuana from the back of the class. When she turned the lights on, she could not tell who had been smoking, and no one confessed to smoking it. She told the class that no one could leave until the perpetrator was identified. Professor locked the doors. Four hours went by, and when still nobody confessed, the students began to get anxious. Tyler grabbed Professor by the arms and shook her, shouting “I’m not staying in here any longer!” Joseph helped him kick down the door and the entire class followed them out. While leaving, Ron grabbed a piece of the door and threw it at Professor, who ducked out of the way. The piece of the door instead hit Diana, injuring her leg. Describe any and all torts you observe, and identify who can sue whom and why. 2.Remember our friend Ana? You may recall she attempted to rob the bank, but mistakenly grabbed the duffel bag of the person next to her and ran out of the bank. When she got back to Summer’s car, she opened the bag and discovered it held $100,000 and a gun. The tag on the bag read “If lost, return to Liz” along with an address and phone number. Ana’s great attorney managed to have the case dismissed, and she used some of the money from the bag to pay him, buy a brand new Jeep Wrangler, and pay her tuition. She then spent the rest partying with Jennifer, Felicia, and Katie. The group decided to go to Club Disco to hang out. Alexis, the bartender, got a great tip by serving them Long Island Iced Teas all night. She was even nice enough to help them to the car safely since they were stumbling and falling. Ana sped off and hit Kurt’s car, which he was driving on the wrong side of a two-way road with the headlights off. His car was totaled. Upon impact, Katie, who was not wearing her seatbelt, fell out the back of the Jeep and hurt herself. Describe any and all torts you observe, and identify who can sue whom, and why. Include any defenses you see. 3.Rich is an avid duck hunter. One day, he spotted a beauty flying over his neighbor Kim’s house. He aimed, fired, and shot the duck, which fell onto Kim’s roof. Matt hopped over the fence into Kim’s yard then climbed on her roof. While retrieving the duck, Matt slipped and fell off the roof, but luckily landed on the balcony outside of Kim’s window. Matt peeked in and saw Kim and Carolyn watching “Glee,” dancing around and lip syncing to the songs. He took some photos with his cell phone and uploaded them to YouTube the next day. Describe any and all torts you observe, and identify who can sue whom, and why.
1 page
Accounting Information Discussion
Accounting is guided by a set of laws that enables it to operate flowless and it includes accounting information that star ...
Accounting Information Discussion
Accounting is guided by a set of laws that enables it to operate flowless and it includes accounting information that starts from identifying business ...
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