BUSINESS LAWS

 
1. Understand the primary objectives of criminal law and tort law. Why is it necessary for tort law to exist when criminal law already provides rules that govern our behavior? Describe a business action that would be a tort, but not necessarily a crime.
2. You are employed in management for the Miamisburg Mudslinger, a local tabloid newspaper that frequently reports on the seedy underbelly of the Miami Valley.  Last month the Mudslinger published a story alleging Victoria Vixen, a local television newscaster, has been engaged in an illegal sexual relationship with a 15 year old boy.  The article s assertions were based on a number of photographs taken of Victoria and the boy entering and leaving her home at all hours of the night, including a photo of the two individuals kissing in a rather vigorous fashion. The article resulted in Victoria being fired from her job as a newscaster, though she has since taken up work as a high school teacher and dancer for the local semi-pro hockey team. Victoria has recently asked her Twitter followers, “Should I get a lawyer and sue?” Analyze your risk of being sued and whether it s time to call the business lawyer.
a. Define defamation. For each element Victoria has to prove to win her case, identify at least one piece of factual evidence Victoria will use to prove that element.
b. Identify two legal defenses you could raise on behalf of the Mudslinger to defeat Victoria’s claim. Define the two defenses, apply them to the facts, and state your conclusion.
3. Businesses that invite customers onto their property understandably owe those customers a certain duty of care. The law expects businesses to alert or otherwise protect customers from certain kinds of dangers on the business property. However, if the danger is open and obvious the business does not necessarily have to provide warning of the danger. Situations involving dangerous conditions on business property have given rise to many negligence claims on behalf of injured patrons. Take a look at this 2010 decision out of the local court of appeals:
SWIGER v. KOHL’S DEPARTMENT STORE, INC.
The trial court granted summary judgment to the defendant. The plaintiff appealed, stating a jury should decide whether the danger was open and obvious. Be sure to read the amusing concurring opinion as well as the dissenting opinion.
Using this case, identify the four elements of a negligence claim outlined in Exhibit 6-1 in your textbook and explain how these elements were met, as follows
a. What legal duty does the store have to its patrons?
b. Did the store breach its duty? If so, how?
c. Define direct cause and proximate cause. Was the store s breach of duty the direct and proximate cause of her injuries?
d. What types of legal damages did the plaintiff incur as a result of her injuries?
4. Dayton Bike Tours, Inc. ( DBT ) is a local business that runs bike tours in downtown Dayton. Customers ride bicycles provided by DBT through downtown Dayton while a tour guide highlights some of the historical sites and happenings from the city s past. In an effort to increase customer safety DBT has a policy that the bike tours should ride on sidewalks wherever possible. Johnny McCool and his highly trained monkey, Bubbles, operate an organ grinder act in front of the Federal Courthouse on Third Street. While they were conducting their act on the sidewalk in front of the courthouse, one of the bike riders, Lou Keegan, on a DBT tour struck McCool & Bubbles, causing McCool to break his leg and to watch his precious Bubbles get run over and die an agonizing death. Unfortunately, DBT was unaware of Dayton Municipal Ordinance 74.07 that prohibits the operation of bicycles on sidewalks.
a. Identify and define the plaintiff s doctrine(s) discussed in your reading that could help McCool pursue a legal claim against DBT to recover for his loss.
b. If McCool fell into a deep funk, and was unable to work or enjoy any of his usual activities, identify and define type of legal damages could he pursue.
c. If McCool discovered that the driver of the bike who struck Bubbles was the member of an organization called SAP (Slay All Primates) which had a goal to intentionally kill all monkeys to eradicate monkeypox, and to punish all monkey owners for their contribution in spreading the disease, identify and define the additional tort(s) McCool could raise.
d. If SAP found out that McCool had a contract with the children s zoo to teach kids on school trips all about primates, and they inform the zoo that McCool has been spreading monkeypox all over town, which causes the zoo to cancel the contract, identify and define the tort that SAP has committed.
e. If Lou grabbed Bubbles, and took off with him and refused to return him to McCool, identify and define that tort McCool pursue against Lou.
f. If McCool obtains a bunch of bikes and offers them to anyone who donates $1.00 to the Bubbles Memorial Scholarship fund, with the plan to drive DBT out of business, identify and define the tort DBT can pursue against McCool.
5. Gravetty McFall decided he wanted to cross sky diving off of his bucket list, despite being so terrified of heights that he would frequently get woozy at the top of the stairs in his home. McFall drove to Wright Brothers Airport in Miamisburg and engaged FreeFalling Fun, Inc. to take him skydiving. Before getting into the plane McFall took several shots of whiskey and listened to everything Crazylegs McGee, a Freefalling, Inc. employee, had to say about skydiving. Twenty minutes later McFall was in a plane and strapped to Crazylegs for the dive. Crazylegs was in charge of the dive and would be the one activating the parachute.Once they were high enough, Crazylegs and McFall jumped out of the plane and began their free fall. Immediately after jumping out of the plane Crazylegs, an extremely healthy individual, suffered a massive stroke and died. McFall was too drunk to timely pull the ripcord by himself so the parachute was activated late and McFall suffered severe injuries. What legal defenses would Freefalling, Inc. have to any negligence claims brought by McFall? State and define at least three legal defenses and apply them to the facts.

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