LAW 2001 Johnson & Wales University Business Disparagement Questions

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Law

Law 2001

Johnson & Wales University

LAW

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You are a manufacturer who had a very profitable contract with a large retail chain. One of your competitors learned of this contract and contacted the retail chain to tell them that your products were poorly manufactured and that they should stop buying from you and buy everything from your competitor. The retail chain then breaches by canceling your contract and starts buying from your competitor. Your products were not poorly manufactured. You can sue both the competitor and the retail chain for losses you suffered, one for a tort and one for breach of contract, but you are not allowed to recover twice for the same harm. What is the tort you can sue for and who is the defendant? Who do you sue for the breach of contract claim? What damages would be recoverable from each defendant so that it would not be recovering the same damages twice? Fully explain your answer.

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ASSIGNMENT RUBRIC This rubric is used to grade the 3 assignments (each worth 100 points) Answer (45 Points) • • • • Did the student address all the points of the assignment Was the student’s position correct Did the student fully explain the position taken Was the student clear on what his/her position was Legal Support (45 Points) • Did the student support the position taken with law • Did the student use the correct law to support his/her position • Did the student fully explain the position taken Spelling/Grammar (10 Points each) Late Work – minus 50% of points earned • if you would have earned a 90 on the work, the grade posted will be a 45 There is an example short paper question and submission below. EXAMPLE Assignment: A limiting statute requires that a hotel post the necessary notice in the registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in the registration area and in Guest rooms but fails to post in the lobby, will the hotel be entitled to limited liability? Why or why not? Answer: In this example, the hotel would not be entitled to limited liability. It would forfeit its ability to be protected by the limited liability statute, and be held fully accountable under absolute liability as imposed by common law. Failure to follow the law precisely will result in full liability. Because the hotel failed to post the sign in the lobby (as required by the limited liability statute), the hotel would be fully liable for any valuables stolen. It is not adequate to post in two of the three locations required by law, it is only adequate when you post in all off the locations, and place them in a conspicuous place where guests can easily read them. It is also necessary to post the warnings in foreign languages if it is reasonable to suspect that someone who speaks another language may use the premise. They would also have to be sure that they state the amount of liability they have in all three places. Week 7 Assignment You are a manufacturer who had a very profitable contract with a large retail chain. One of your competitors learned of this contract and contacted the retail chain to tell them that your products were poorly manufactured and that they should stop buying from you and buy everything from your competitor. The retail chain then breaches by canceling your contract and starts buying from your competitor. Your products were not poorly manufactured. You can sue both the competitor and the retail chain for losses you suffered, one for a tort and one for breach of contract, but you are not allowed to recover twice for the same harm. What is the tort you can sue for and who is the defendant? Who do you sue for the breach of contract claim? What damages would be recoverable from each defendant so that it would not be recovering the same damages twice? Fully explain your answer.
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Explanation & Answer

Attached.

Running head: BUSINESS DISPARAGEMENT

1

Business Disparagement
Institution Affiliation:
Date:

BUSINESS DISPARAGEMENT

2

The tort that is the most appropriate for the above scenario is the Business disparagement
since it contains all the required elements. First, the scenario has false information on company
products manufacturing process. The statement given to the customers is not verifiable.
Therefore, it is false. The statement by the competi...


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