Reference no: EM13217888

1) When a fire destroyed the Malden Mills factory in Lawrence, Massachusetts, its 70-year-old owner, Aaron Feuerstein, could have shut down the business, collected the insurance money, and sailed off into retirement. But a layoff of the factory's 3,000 employees would have been a major economic blow to the region. So instead Feuerstein kept the workers on the payroll while he rebuilt the factory. These actions gained him a national reputation as a business hero. Many consumers promised to buy more of the company's patented Polartec fabric. In the end, however, the story did not have a fairy-tale ending: Five years after the fire, Malden Mills filed bankruptcy papers. The company was not able to pay off the loans it had incurred to keep the business going.
Did Feuerstein do the right thing? Why?

2. You are a vice-president in charge of personnel at a large manufacturing company. In-house detectives inform you that Gates, an employee, was seen stealing valuable computer equipment. Gates denies the theft, but you believe the detectives and fire him. The detectives suggest that you post notices around the company, informing all employees what happened to Gates and why. This will discourage others from stealing. While you think that over, a phone call from another company's personnel officer asks for a recommendation for Gates. (5 points)

A. Should you post the notices? Why?

B. Would you be legally protected if you state to the personnel officer precisely what you know about the theft, and nothing more?

3. According to a complaint filed against supermodel Naomi Campbell by her maid Ms. Gibson, Campbell accused Ms. Gibson of stealing a pair of jeans. When Ms. Gibson bent down to look for the pants, Ms. Campbell allegedly hit her on the back of the neck, berated Ms. Gibson with insults, and then Ms. Campbell's "agents" allegedly prevented Ms. Gibson from leaving by threatening to withhold her pay and beat her so as to cause bodily harm. Name 4 torts that Ms. Gibson would have a legitimate chance of winning if she sued Naomi Campbell. For each tort, thoroughly discuss why or why not Gibson would prevail by discussing what Ms. Gibson would need to prove and whether she would be able to prove it.

4. Edith is a door-to-door saleswoman specializing in spatulas and other types of kitchenware. Edith never calls before she comes to the door of a home; she simply walks from house to house looking for a sale. On January 12, 2009, she went from house to house on a pleasant street in Urbandale. As she approached the home of Jim Crabtree, she walked up his sidewalk and pushed the doorbell located next to his front door. When her finger touched the doorbell, it gave her a strong shock of electricity. The shock was so severe it burnt her fingernail right off the tip of her finger. She went to the hospital and was treated for her injuries. She filed a negligence lawsuit against Jim seeking compensation for her hospital bill. She claimed she was an "invitee" to the property. At trial, an electrician testified that the shock occurred because the wiring in the doorbell had deteriorated over the years. Jim testified that he was a lonely old man who rarely had any visitors. He stated that nobody had pushed his doorbell for approximately one year, and he had no idea that it would cause an electrical shock. Jim also stated that she was not invited to his property and he never gave her permission to be on the property, therefore she was a "trespasser" on his property.

A. Will Edith wins her negligence lawsuit? Circle: Yes or No

B. Thoroughly explain why or why not and explain the strengths or weaknesses of their arguments:

5. Homer was using an electric razor to shave while he drove to work. As he lifted up his chin so that he could shave his neck, he ran into the back of Bart's car. Bart had been sitting at a stoplight. As a result of the collision, Bart's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and breaks a bone in her leg.

A. If Bart sues Homer for the damages he received to his car under the theory of negligence, will Bart recover? Why or why not? Be sure to address all 5 steps of negligence in your answer.

B. If Patty sues Homer for damages associated with her broken leg under the theory of negligence, will she recover? Why or why not? Be sure to address all 5 steps of negligence in your answer.