Assignment
o 1. A tort is defined as a civil wrong other than a breach of contract and limits how persons act and use their resources. When such a wrong--a tort--has occurred, it happens either intentionally - meaning the wrongful conduct was committed on purpose - or negligently - meaning the conduct was an accident. The law also recognizes a third category of tort where the responsible party neither intentionally nor accidentally did anything wrong. The law recognizes certain times where tort liability will be imposed on a party even though they did not act wrongfully. After reading about torts in chapter 10 of Reed, Pagattaro, Cahoy, Shedd, and Magid (2015) and the preceding narrative descriptions, identify each tort and provide at least one example. How will this learning activity help you understand the differences between the several torts?
o 2. You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, he and Sharon drive the intruder off, but not before they both are badly cut by the intruder.Based on your reading of chapter 10 of the text, Reed, Pagattaro, Cahoy, Shedd, and Magid (2015), provide your response to the questions listed below.
- Is the intruder liable for what he has done?
- Do you have legal responsibilities to Sharon and Darryl?
- What should you consider doing at your apartments?
- What are the ethical considerations for holding a business, such as the University Heights Apartments, liable for torts occurring on its premises or by its employees.
- What damages are available for tort injuries?
3. Colonel Cars Inc. plans to introduce a new speaker complex in the steering wheels of its automobiles. It believes the change will revolutionize the drivers' music-listening enjoyment. The company is also preparing an advertising campaign around the improved listening experience. Both the new steering-wheel speakers and the ad campaign are carefully kept secrets. But Colonel Cars' vice president for marketing is hired by European Motor Works (EMW) to be the president of its international division. Before Colonel Cars can begin its advertising, EMW comes out with an ad campaign centered on--you guessed it--speakers in the steering wheels of its new model cars (Reed, Pagattaro, Cahoy, Shedd, & Magid, 2015).
- Can a company have property in its marketing plans the way you can have property in your car?
- Can EMW use Colonel Cars' marketing plans without permission?
- What is the rationale for granting business organizations intellectual property rights?
- What are the ethics governing employment non-disclosure agreements or covenants not to compete?
4.You may be wondering why we are including criminal law concepts in this course. In that regard, how does chapter 13 of your text, Reed, Pagattaro, Cahoy, Shedd, and Magid (2015), explain why it is important for businesspersons to have an understanding of the basic principles of criminal law and white-collar crime? Additionally, how do Reed et al., (2015) explain the difference between felonies and misdemeanors? Lastly, how do they describe the parties to a criminal case?
5.A drug company applied for the approval of the Food and Drug Administration (FDA) to market a miracle drug that the company believed could cure some cancers. During the period that the application was under consideration the company's stock rose to $65 per share. The president of the company learned that the FDA application was about to be denied. You are a personal friend of the president, and he told you that he believed that the stock will start trading downward. You sell 4,000 shares of stock which you purchased for $10 per share. Your decision appears to be a good one since you made a profit of about $200,000. When questioned about the sale by an investigator from the Securities and Exchange Commission, you state that the sale was because of a preexisting arrangement to sell the shares when the price fell below $60 per share. Following the announcement that the FDA application was denied, the stock went to $7 per share.
Based on your reading of chapter 11 of the text, Reed, Pagattaro, Cahoy, Shedd, and Magid (2015), provide your response to the questions listed below. Did you commit a crime when you sold the stock?Did you commit a crime in your answer to the federal agent?Were you part of an illegal conspiracy?
6. Discuss how Reed, Pagattaro, Cahoy, Shedd, and Magid (2015) explain the justification for intellectual property. Include in your discussion the purpose of patents and copyrights as identified in the U.S. Constitution and explain the claim that the pace of research and development of new products would slow if intellectual property right did not protect it.
o 7. According to Reed, Pagattaro, Cahoy, Shedd, and Magid (2015)
As long as a company takes such reasonable measures to prevent the public dissemination of trade secrets, it does not lose its property in knowledge-based resources merely because customers, suppliers, repair technicians, or even visitors come into contact with the secrets. (p. 318)
Discuss the importance of signing a nondisclosure agreement. Use Case 11.1 to help you enhance your discussion (Reed et al., 2015, p. 131)
o 8. Based on the report that a psychiatrist is allegedly responsible for the deaths of 36 of his patients, do you believe the families of the decedents will file individual negligence lawsuits against the physician or a class action? See the following link that describes how it views the facts of the case: https://www.wafb.com/story/30971975/psychiatrist-arrested-after-36-of-his-patients-died
What are some of the ethical concerns with the doctor-patient privilege? Should it be violated? What is the effect of the Hippocratic Oath in this case?