Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
thumb_up100%
Chapter 6, Problem 4CO
Summary Introduction
To discuss: Defenses of a property or person, duress, mistake of fact, and entrapment.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
Describe the two major requirements that the government must prove to establish that a
defendant engaged in a pattern of racketeering activity.
Explain the misrepresentation law and explain how a person can use fraudulentcy to sue another party.
CEO was convinced by his employee, M. Ploy, that a coworker, A. Cused, had been stealing money from the company. At lunch that day in the company cafeteria, CEO discharges Cused from her employment, accuses her of stealing from the company, searches through her purse over her objections, and finally forcibly escorts her to his office to await the arrival of the police, which he has his secretary summon. Cused is indicted for embezzlement but subsequently is acquitted upon establishing her innocence. What rights, if any, does Cused have against CEO?
Chapter 6 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?arrow_forwardJoseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.arrow_forwardAn intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?arrow_forward
- What is the liability of the managers or owners of the establishment for the negligent act of their employees. What is an obligation under article 1156 of the civil code.arrow_forwardJohn Torniero was employed by Micheals Jewelers, Inc. (Micheals). During the course of his employment, Torniero stole pieces of jewelry, including several diamond rings, a sapphire ring, a gold pendant, and several loose diamonds. Over a period of several months, Torniero sold individual pieces of the stolen jewelry to G&W Watch and Jewelry Corporation (G&W). G&W had no knowledge of how Torniero obtained the jewels. Torniero was arrested when Micheals discovered the thefts. After Torniero admitted that he had sold the stolen jewelry to G&W, Micheals attempted to recover it from G&W. G&W claimed title to the jewelry as a good faith purchaser for value. Micheals challenged G&W’s claim to title in court. Who wins? Explain your reasoning.arrow_forwardCourtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…arrow_forward
- On March 17, Peckham bought a new car from Larsen Chevrolet for $16,400. During the first one and one-half months after the purchase, Peckham discovered that the car’s hood was dented, its gas tank contained no baffles, its emergency brake was inoperable, the car did not have a jack or a spare tire, and neither the clock nor the speedometer worked. Larsen claimed that Peckham knew of the defects at the time of the purchase. Peckham, on the other hand, claimed that he did not know the extent of the defects and that despite his repeated efforts the defects were not repaired until June 11. Then, on July 15, the car’s dashboard caught fire, leaving the car’s interior damaged and the car itself inoperable. Peckham then returned to Larsen Chevrolet and told Larsen that he had to repair the car at his own expense or that he, Peckham, would either rescind the contract or demand a new automobile. Peckham also claimed that at the end of their conversation he notified Larsen Chevrolet that he was…arrow_forwardJohn Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…arrow_forwardDefine the following under contract Act 1932, provide essentials with example a) Coercion, c) Undue Influence, b) Fraud, d) Misrepresentationarrow_forward
- Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.arrow_forwardSam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.arrow_forwardThe Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassings and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted “no trespassing” signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that the gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone. Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill Education
Management (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSON
Business Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSON
Fundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON