PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron.…
Case Scenario: Grocery Inc., Presentation Glenn Devillier, Cara Birritteri, Richardson Fong and Nilson Goncalves Introduction Review Case Studies: Grocery Inc. Uniform Commercial Code Grocery Inc. Renovations Grocery Inc. (Jeff) Gap Filing Rule (Cereal Inc.) Harry and Tom Breach of Contract Grocery Inc.…
?Buder?s ex-wife, Sartore, sued him, alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder?s investment of the children?s funds in penny stocks. Who wins?? (Gift)…
1) Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested “offer of settlement” to Virginia. Back up your offer using your analysis of the case against Teddy’s.…
This paper will discuss the unethical business case of Trade Joe, and then the Trade Joe sued by Natural Dairy Products LLC (NDP) and Dairy Smart Inc. because of Trade Joe’s unethical business behavior.…
He cautions the president, “We could be sued from all sides if the chemical has tragic side effects that we didn’t even test for in the labs.” The president answers, “We can’t wait an additional year for your lab tests. We can avoid losses from such lawsuits by establishing a separate wholly owned corporation to shield Healy Corp. from such lawsuits. We can’t lose any more than our investment in the new corporation, and we’ll invest just the patent covering this chemical. We’ll reap the benefits if the chemical works and is safe, and avoid the losses from lawsuits if it’s a disaster.” The following week Healy creates a new wholly owned corporation called Dryden Inc., sells the chemical patent to it for $10, and watches the spraying begin.…
Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership.…
Legal Issue: The issue in this case is the establishment of Cooper and Lybrand’s fiduciary duty to MEI. If this duty is established then MEI will get to add that breach, however, if not, the judge’s original ruling will be affirmed.…
DECISION: The court should not grant Kallestad’s request for dismissal because he breached his contract with the Rothings and failed to honor the implied warranty of merchantability. In addition, Kallestad should be ordered to reimburse or compensate the Rothings for the goods and products they’ve lost due to the defective product they received from Arnold Kallestad’s ranch.…
1. Read the case “Baldwin Company” and answer the questions given at the end of the case.…
| Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis of the case against Teddy's.…
Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues, Bob’s attorney agrees to file a lawsuit against Ace.…
Rob Price was recently made vice president of Own Brands, which was the private label of H-E-B. The chairman, Charles Butt, had a real interest in growing the sales of the Own Brand product line. At the time, Own Brand represented 19% of sales while national brands accounted for the rest, which was opposite of 30 years ago when Charles took responsibility for the business. Charles gave Rob a goal to increase the sales of Own Brand’s private label by 11% in the next five years to bring it up to a 30-70 ratio of private and national brands, respectively. The increase needed to be across all product lines, but Rob had a specific assignment regarding the Own Brand’s bottled water under the label Glacia.…
| Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia.…
CASE 2: DRINK-AT-HOME, INC. Drink-At-Home, Inc. (DAH, Inc.), develops, processes, and markets mixes to be used in nonalcoholic cocktails and mixed drinks for home consumption. Mrs. Lee, who is in charge of research and development at DAH, Inc., this morning notified Mr. Dick Jones, the president, that exciting developments in the research and development section indicate that a new beverage, an instant pina colada, should be possible because of a new way to process and preserve coconut. Mrs. Lee is recommending a major program to develop the pina colada. She estimates that expenditure on the development may be as much as $100,000 and that as much as a year's work may be required. In the discussion with Mr. Jones, she indicated that she thought the possibility of her outstanding people successfully developing such a drink now that she'd done all the really important work was in the neighborhood of 90 percent. She also felt that the likelihood of a competing company developing a similar product in 12 months was 80 percent. Mr. Jones is strictly a bottom line guy and is concerned about the sales volume of such a beverage. Consequently, Mr. Jones talked to Mr. Besnette, his market research manager, whose specialty is new product evaluation, and was advised that a market existed for an instant pina colada, but was some-what dependent on acceptance by both grocery stores and retail liquor stores. Mr. Besnette also indicated that the sales reports indicate that other firms are considering a line of tropical drinks. If other firms should develop a competing beverage the market would, of course, be split among them. Mr. Jones pressed Mr. Besnette to make future sales estimates for various possibilities and to indicate the present (discounted value of future profits) value. Mr. Besnette provided Table 1. Mr. Besnette's figures did not include (1) cost of research and development, (2) cost of new production equipment, or (3) cost of introducing the pina colada. The cost of…