1. Mr. and Mrs. Smith had a pool installed in their backyard. It is twelve feet deep with a diving board. The Smiths next door neighbor were the martins. Soon after the pool was installed in the smiths backyard, the Martins threw a party in their backyard. Both familie's backyard were not separated by a fence. In the middle of the party Mr. Martin staggered across his yard and accidentally fell into the smith's pool. who is liable? Why?
2. Jane Roach worked for a beer distributor. Jane Roach was smoking during her cigarette break at work. It began to rain, and Roach went under the tree on the employer's property. Out of nowhere, one of the Employer's beer trucks slammed into the tree injuring Roach. The driver was drunk. Can Roach collect Workman's Compensation?
3. Explain the difference between false imprisonment and malicious prosecution? In what business situation does false imprisonment most frequently arise?
4. Mr. Clark signs a storage conract with Tansimore storage co. The contract specifies that Clark's household goods will be stored at Transimore co's midtown storage facility while she is out of town or out of the country. Later, without contacting Clark, Transimore co. transfers her household goods to Maximus storage co. Two days later a freak flood wipes out the Maximus warehouse and destroys all of Clarks goods. Who is liable for Clark's goods- Transimore storage co, Maximus storage, or did Clark assume the risk?
5. Tnasimore, LL.C, a corporation incorporated and doing business in Maryland, decides to sell $1 million of its common stocks to the public. The stock will be only sold within the State of Maryland. Jeffrey Transimore, the chair of the board says that the offering needs not be registered with the SEC. Is he right? Why?