Aristotle Mythos is having a "mid-life crisis," in large part because he is 50 years old, and he realizes that most people do not live to be 100. In an attempt to conquer his depression, and to prove that he is equivalent to a 20-year-old (at least in spirit,) Mythos plans to climb Mount Zeus, the highest peak in his ancestor's homeland of Greconia.
In preparation for his climb, Mythos patronizes the local "outdoors" shop, Athena's Garden, and asks to speak with a trained sales associate. Mythos specifies that he will be climbing Mount Zeus, and that he will need a tent and sleeping bag to survive the wind and elements on two nights during his ascent and descent. The associate selects a tent and sleeping bag from a wide variety of possibilities, and Mythos leaves the store a "happy camper."
Mythos begins his climb the following day, and successfully reaches his check point, halfway to Zeus' peak, before nightfall. He prepares his campsite, and looks forward to some much-needed rest. Unfortunately, he has a fitful night, shivering in his sleeping bag below a partially-collapsed tent, with the wind and the cold "getting the best of" Mythos and his camping gear.
In the daylight of the following morning, Mythos fully awakens to realize that the toes on both of his feet have turned a sickening shade of blue-purple, and he realizes with great disappointment that he will not be able to fulfill his dream of climbing Mount Zeus. Further, upon closer examination of his tent and sleeping bag, both are trademark-stamped "The Young Mythologist," gear intended for backyard camping by children.
As a result of his misfortune, Mythos must have four toes (two toes on each foot) amputated, and he incurs medical expenses of $58,000 for treatment and rehabilitation. Mythos' doctor has rated him with 20% permanent partial disability as a result of his toe amputations.
Is Athena's Garden legally responsible for Mythos' medical expenses and partial disability? If so, on what theory?
- Damien operates a power plant that emits mercury. He has older pollution control equipment and constantly struggles with his discharges. Sylvia also operates a power plant. She tells Damien that she is investigating the purchase of modern pollution equipment that would result in the mercury discharge of her company being significantly under the amount of allowable mercury discharge. Sylvia tells Damien, however, that the equipment is very expensive. She proposes that she and Damien lobby legislators for marketable discharge permits in the mercury area. What is she referencing and how would it work? Do you think this is a good idea, and why or why not?
- Gavin and Abby worked for Mega Grocery, a chain of grocery stores. Gavin was a manager, and Abby was a cashier. Gavin was angry with Abby because she would not go on a date with him. Mega Grocery set up, maintained, and allowed employees to use an online forum to post suggestions and complaints. Gavin and some other employees posted derogatory comments regarding Abby, criticized her for refusing to go out with Gavin, and poked fun at her appearance. Abby complained to Mega Grocery's human resource manager who told her that the forum was open to all employees, that Mega Grocery had a policy of not interfering, and that Abby should just post a reply. Discuss whether Mega Grocery should be required to intervene or whether Mega Grocery is allowed to have an open forum. Also, discuss what you ethically believe the law should be in this area.
- Alayna markets a bell that she claims will automatically quiet a crying baby. Alayna advertises on television that the bell has a certain tone that babies love and shows a baby suddenly stop crying when the bell is rung. She charges $50 for each bell for which she incurs $1 in manufacturing charges. The bell was very popular for a few months, but she has started to get complaints; and the Federal Trade Commission has investigated her advertisement regarding the bell. Alayna claims that her advertisement is not deceptive. The Federal Trade Commission, however, claims that her advertisement satisfies the three elements necessary for a deceptive claim. What are those three elements?