Can you help explain these by stating the issue, rule, how to apply it, and what conclusion can be drawn for each one? Thanks.
1. Dick Driver carelessly smashes his car into the rear end of another car while driving on a busy street. Although Dick had no way of knowing this, the other car's truck was filled with dynamite. The collision causes the dynamite to explode. The explosion miraculously misses Dick, but it causes the shattering of a window on the third floor of a nearby office building. The falling glass cuts Pete Pedestrian, who was walking on the street below. Pete files suit against Dick.
2. As a prank, Joe signs Susan's name to a pro-abortion petition that appears in a local newspaper. Susan is passionately opposed to abortion. Thus, Susan sues Joe for both defamation and false light.
3. Foremost company is a national company that installs computers for major corporations. In all of its contracts, there is a release clause or waiver that states that Foremost is not liable for damages caused by the negligent installation of the computers. Bob buys a computer from Foremost, read the contract and release clause and signed it. Later, Bob sues Foremost for negligent installation.© BrainMass Inc. brainmass.com October 24, 2018, 7:33 pm ad1c9bdddf
In your first scenario, there are two issues: proximate cause and strict liability. Proximate cause is the initial act which sets off a natural and continuous sequence of events that produces injury. In the absence of the initial act which produces injury, no injury would have resulted. In order to prevail in a lawsuit for damages due to negligence or some other wrong, it is essential to claim proximate cause in the complaint and to prove at trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all.
Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part. Strict ...
Agency Law, Partnerships, and Corporations are highlighted.
Age Discrimination in Employment Act, labor law, incorporation, OSHA, agency
1) The age Discrimination in Employment Act make it illegal for:
A) employers to have a seniority system (B) employers to have a mandatory retirement age for most jobs (C) employers to know the age of job applicants before making a hiring decision (D) employers to hire only employees who are 40 and over (E) employers to have a workforce comprised primarily of very young or very old workers.
2) What is a lockout in connection with labor law?
A) an action by management to prevent workers from entering the company's premise(B) an action by workers to prevent customers from entering the company's premise(C) an action by workers to prevent management from entering the company's premises (D) an action by management to prevent union organizers from entering the company's premises(E) an action by worker to prevent suppliers from entering the company premises.
3) Paul, who collect old cars, hires Andy to find and purchase a 1965 ford mustang on his behalf. Andy sees the car advertised that might be what Paul has in mind. Andy examines the car and falls in love with it. He decides to purchase it himself. Andy has:
A) usurped an opportunity (B) engaged in self-dealing (C) not violated the duty of loyalty (D) competed with the principal
4) Mary is planning to form a corporation to manufacture and distribute electric solar panel. She will sell the panels only in the Rocky Mountain states. These panel will be manufactured at two factories, one in Illinois and one in Florida. The headquarters of this company will be in Louisiana. In which state(s) could Mary incorporate this business?
A) Florida, Illinois, or Louisiana (B) Louisiana only (C) Louisiana or any state in which the product are sold (D) Florida, Illinois, Louisiana, or any state in which the product sold. (E) Any of the fifty states
5) In what way can officers and directors protect themselves from liability for action taken as an officer or director
A) by having the corporation indemnify the officers and directors (B) by having the corporation purchase liability insurance or indemnity the officers and directors or do both (C) by having the corporation purchase liability insurance or indemnify the officers and directors but the corporation cannot do both (D) by having the corporation purchase liability insurance to cover such losses. (E) the directors and officers can purchase their own insurance, but is not a proper expenditure of corporate funds to pay for reimbursement of and directors for falling to do what they were hired to do.
6) The DEF Corporation is incorporated in Texas. If wishes to do business in Oklahoma. Before DEF can legally do business in Oklahoma, which of the following must it do.
A) DEF must qualify (register) to be business in Oklahoma (B) Since DEF is Texas corporation, it cannot do business in Oklahoma (C) DEF must domicile itself in Oklahoma (D) DEF must Incorporate in Oklahoma (E) Nothing; DEF automatically has a constitutional right to do business in Oklahoma.
7) In deciding sexual harassment cases, some courts have applied:
A) the reasonable women standard (B) the reciprocal conduct standard (C) workplace reality standard (D) liberal society standard
8) Which of the following is true about a corporation being a general partner in limited partnership.
A) Corporation can be a general partner in a limited partnership only if there is at least one other general partner that is not a corporation (B) A corporation can be a general partner in a limited partner in a limited partnership only if it is not the sole general partner in the limited partnership.(C) A corporate can be a general partner in a limited partnership even if it is the only general partner (D) A corporation cannot be a general partner in a limited partnership.
9) Which of the following best describe the employment at will doctrine
A) Employee remains employed only if the employee want to be employed (B) Employee remain employed only if the employer wants them to be employed (C) Employee remains employed only if the employee and employer wants the employment relationship to continue (D) Whether an employment relationship continues is based on the will of the government.
10) Under the occupational safety and health act:
A) complaints are handled by Equal Employment Opportunity Commission. (B) purchasers of a company's product are assured that they are safe for use in the home. (C) a company be found to be in violation even if a specific safety regulation is not violated(D) very few safety standards have actually been adopted.
11) Compared to an employee, an independent contractor is characterized by:
A) more freedom to do her work in the manner she determines (B) less ability to hire other to assist her (C) a lack of liability for her own action (D) not being paid as much for the work performed.
12) Which of the following is statutes amended the national labor relation act?
A) Norris -LaGuardia Act (B) labor-management relations act (C) worker adjustment and retraining notification act (D) labor-management reporting and disclosure act.
13) Center City adopted a rule that all employees of Center City had to live within the city limits. Center City is the right next to Elmville. Center City has no African Americans, but 1/3 of the residents of Elmville are African American. Due to the rules,
no employee of center city is African American. The rule is most likely:
A) Pattern of practice of discrimination (B) not illegal discrimination (C) disparate impact discrimination from a facially neutral rule (D) national origin discrimination (E) disparate treatment discrimination
14) Apparent authority can be best described as a situation where :
A) the principle has made representation to the third party that someone is to act as her agent (B) the conduct of two parties indicates that they are acting in a principal and agent capacity.(C) the principal and agent undertake actions in accordance with their earlier agreement that one act as agent for the other (D) the agent has made representation to a third party that is acting as an agent for another (E) both Band C
15) Agent enter into a contract with a third party on behalf of principal . Agent told 3 party that this contract was being entered into on behalf of someone else. But did not identify Principal to third party. A couple of weeks later, Principle disappears and third party wants to hold Agents to contract Third party can:
A) not recover from agent because third party must first try to recover from principal (B) recover from agent because agent acted on behalf of an undisclosed principle (C) recover from agent because agent did not disclosed the identity of principal (D)not recover from agent because agent had disclosed the existence of principal (E) recover from agent because agent because agent had a duty to ensure that performed on the contract