Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 9CP
Summary Introduction
To discuss: Whether person W was guilty of crime of embezzlement.
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Mrs. Mieske delivered 32 fifty-foot reels of developed movie film to the Bartell Drug Company to be spliced together into four reels for viewing convenience. She placed the films, which contained irreplaceable pictures of her family’s activities over a period of years, into the order in which they were to be spliced and then delivered them to the manager of Bartell. The manager placed a film-processing packet on the bag of films and gave Mrs. Mieske a receipt that stated, “We assume no responsibility beyond retail cost of film unless otherwise agreed to in writing.” Although the disclaimer was not discussed, Mrs. Mieske’s parting words to the store manager were, “Don’t lose these. They are my life.” Bartell sent the film to its processing agent, GAF Corporation, which intended to send them to another processing lab for splicing. While at the GAF laboratory, however, the film was accidentally placed in the garbage dumpster and was never recovered. Upon learning of the loss of their…
9. Mark works as a courier. While on his daily
route, Mark delivered a package to a home
and noticed a pool in the backyard similar to
what he would like in his own backyard. After
work, Mark returned to the home to see the
pool. He rang the doorbell to ask permission
to enter the backyard, but no one was home.
As no one was home to disturb, he went into
the backyard to take a look at the pool. The
family returned home to find Mark in their
yard. They felt threatened, demanded that he
leave, and called the police. Which of the
following statements regarding Mark's
situation is true?
a) The courier company would be vicariously
liable because Mark first entered the property
when working.
b) Mark would be guilty of trespass to chattels
because he was there to see the pool.
c) Mark could use the defence of consent
because he attempted to ask for permission
to enter the yard and no one refused his
entry.
d) The courier company would not be
vicariously liable for Mark's actions.
19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's
fingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle under
the implied warranty of merchantability, The test for determining whether Suzy will recover is
whether:
A) the nail polish she bought was suitable for the needs of the average consumer.
B) the nail polish she bought properly performed its function of coloring one's nails.
C) such a reaction in an appreciable number of consumers was reasonably foreseeable.
D) the ingredient causing the reaction was foreign to the nail polish or natural to it.
nating one model, Bobby notices
Chapter 6 Solutions
Smith and Roberson’s Business Law
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