Question: 1 to 2 paragraphs for Part A 3 to 5 paragraphs for Part B Question 1 PART A – Write a short essay answer for each of the following six topics. A. Driver Dan is driving 45 mph on a street that has a posted 30 mph speed limit. Pedestrian Patty jaywalks in the middle of block, stepping out from between parked cars into the street, where she is hit by Dan
1 to 2 paragraphs for Part A
3 to 5 paragraphs for Part B
Question 1
PART A – Write a short essay answer for each of the following six topics.
A. Driver Dan is driving 45 mph on a street that has a posted 30 mph speed limit. Pedestrian Patty jaywalks in the middle of block, stepping out from between parked cars into the street, where she is hit by Dan and seriously injured. Patty sues Dan to recover for her injuries. Explain how “contributory negligence” and “comparative negligence” doctrines would affect her claim, if one or the other were applicable in her state.
B. In a product liability claim based on strict liability, the plaintiff must show that the product was “defective” in some way. Describe four types of “defects” that could be the basis for a claim, and give an example of each.
C, Numerous clients of a home remodeling contractor file complaints with the state contractor licensing board about being defrauded by a particular contractor, and the state board is considering whether to revoke the contractor’s license because of the repeated pattern of misconduct. Explain what basic “procedural due process” requires the state board to do before it takes action to revoke such license.
D. Company A and Company B are unable to pay their obligations as they come due and will file bankruptcy cases. Company A files a bankruptcy case under Chapter 7 and Company B files a bankruptcy case under Chapter 11. Explain the basic differences between a Chapter 7 bankruptcy and a Chapter 11 bankruptcy, noting in particular (1) what the usual end result will be for Company A and Company B, and (2) what the basic differences are in how general unsecured creditors get treated in the respective bankruptcy cases.
E. Assume that a product causes an injury to the product’s purchaser due to a hidden manufacturing defect (the product’s internal wiring was incorrectly assembled, causing the product to explode when it is switched on). Explain whether (a) the retailer of the product, and (b) the manufacturer of the product can be held liable to the injured plaintiff if (1) the plaintiff’s claim is based on negligence, and (2) the plaintiff’s claim is based on strict liability.
F. A trucking company pays independent truckers to transport various loads along various routes with a 2-tiered payment formula: one amount for very flexible delivery times and a much higher amount for faster delivery times. For a particular route, for example, the trucker is paid $X for transporting the load within 48 hours from pick-up to delivery, and is paid three times that amount if it delivers within 18 hours from pick-up to delivery. To accomplish the faster delivery time, the driver must drive essentially non-stop for 18 hours. The company ascertains over time that the accident rate for serious injury accidents for its drivers over all is three times higher on the faster deliveries compared to the accident rate with the slower more flexible deliveries. Discuss what ethical issues and legal risks the company faces from this two-tiered payment system.
Question 1 PART B. Write an essay answer on each of the following three topics.
G. Smart Chips, Inc. is a large semiconductor manufacturer that entered into a contract with Dandy BuildAll Contractors, Inc. to have Dandy build a clean room and provide production equipment for the clean room. The agreement called for $9 million in total to be paid by Smart Chips to Dandy, in installments as progress milestones were achieved. Dandy misjudged how much would be required to perform the contract, and about half way through the project, when Smart Chips had already paid $5 million to Dandy under the contract, Dandy stopped work and refused to proceed further unless Smart Chip agreed to increase the total payments by $2 million. Smart Chips refused to increase the payments, notified Dandy that Smart Chips was terminating the contract because of Dandy’s alleged breach, and entered into a contract with Excellent Contractors to finish the project for total payments to Excellent of $6 million. Excellent finished the project and was paid in full, but the delays resulted in Smart Chips being unable to fulfill $500,000 in orders that it would have been able to fulfill with production from the new clean room. Smart Chips would have had a profit of $75,000 on the cancelled orders. Explain whether Smart Chips would likely win or lose on a claim against Dandy for breach, and what amount of damages would likely be awarded if it were to win on its claim. Use specific dollar amounts and explain how you arrived at them.
H. Michelle Garnaut is a celebrity chef who operates “M on Market,” a very high end and successful restaurant in San Francisco. Her sister Mandy was always jealous of Michelle when they grew up together, and became even more jealous when Mandy’s modest neighborhood restaurant failed and went out of business. In her anger, Mandy posted 3 reviews of M on Market on the Michelin Guide website, under fake names over a 10-day period, falsely claiming that each purported customer had become seriously sick after dining at that restaurant. M on Market’s reservations declined by 20% for six months. Assuming that good computer forensics could establish that Mandy posted the fake reviews, discuss what claims Michelle could bring against the Michelin Guide and/or Mandy, and what types of damages, if any, she likely could recover from each of them.
I. United Shipping Company (“USC”) operates a package delivery business similar to FedEx and UPS. 95% of USC’s driver/delivery employees are male. USC requires applicants for these positions to take a test to demonstrate they can lift a 200-lb box and carry it while walking briskly for 25 yards. Assume that USC can show that there are both male and female applicants who fail this test, that many more of its female job applicants fail this test compared to male applicants, and that all of its male and female hires passed this test. Two female job applicants who did not pass this test and were not hired by USC filed a class action on behalf of female applicants claiming that USC discriminates against women applicants for the driver/delivery jobs. What arguments can the female plaintiffs make and what type of evidence would they need to present to have a successful discrimination claim?
Screenshot of the question:
Show transcribed image textSolution:- A. Everyone must follow the rules and regulations related to the road. It is against the law for a pedestrian to jaywalk (which Patty was doing) or walk on areas of a highway or road where pedestrian traffic is not permitted at all. Pedest…View the full answerTranscribed image text: Question 1 PART A – Write a short essay answer for each of the following six topics. A. Driver Dan is driving 45 mph on a street that has a posted 30 mph speed limit. Pedestrian Patty jaywalks in the middle of block, stepping out from between parked cars into the street, where she is hit by Dan and seriously injured. Patty sues Dan to recover for her injuries. Explain how “contributory negligence” and “comparative negligence” doctrines would affect her claim, f one or the other were applicable in her state. B. In a product liability claim based on strict liability, the plaintiff must show that the product was “defective” in some way. Describe four types of “defects” that could be the basis for a claim, and give an example of each. C, Numerous clients of a home remodeling contractor file complaints with the state contractor licensing board about being defrauded by a particular contractor, and the state board is considering whether to revoke the contractor’s license because of the repeated pattern of misconduct. Explain what basic “procedural due process” requires the state board to do before it takes action to revoke such license. D. Company A and Company B are unable to pay their obligations as they come due and will file bankruptcy cases. Company A files a bankruptcy case under Chapter 7 and Company B files a bankruptcy case under Chapter 11. Explain the basic differences between a Chapter 7 bankruptcy and a Chapter 11 bankruptcy, noting in particular (1) what the usual end result will be for Company A and Company B, and (2) what the basic differences are in how general unsecured creditors get treated in the respective bankruptcy cases. E. Assume that a product causes an injury to the product’s purchaser due to a hidden manufacturing defect (the product’s internal wiring was incorrectly assembled, causing the product to explode when it is switched on). Explain whether (a) the retailer of the product, and (b) the manufacturer of the product can be held liable to the injured plaintiff if (1) the plaintiff’s claim is based on negligence, and (2) the plaintiff’s claim is based on strict liability. F. A trucking company pays independent truckers to transport various loads along various routes with a 2-tiered payment formula: one amount for very flexible delivery times and a much higher amount for faster delivery times. For a particular route, for example, the trucker is paid SX for transporting the load within 48 hours from pick-up to delivery, and is paid three times that amount if it delivers within 18 hours from pick-up to delivery. To accomplish the faster delivery time, the driver must drive essentially non-stop for 18 hours. The company ascertains over time that the accident rate for serious injury accidents for its drivers over all is three times higher on the faster deliveries compared to the accident rate with the slower more flexible deliveries. Discuss what ethical issues and legal risks the company faces from this two-tiered payment system. Question 1 PART B. Write an essay answer on each of the following three topics. G. Smart Chips, Inc. is a large semiconductor manufacturer that entered into a contract with Dandy BuildAll Contractors, Inc. to have Dandy build a clean room and provide production equipment for the clean room. The agreement called for $9 million in total to be paid by Smart Chips to Dandy, in installments as progress milestones were achieved. Dandy misjudged how much would be required to perform the contract, and about half way through the project, when Smart Chips had already paid $5 million to Dandy under the contract, Dandy stopped work and refused to proceed further unless Smart Chip agreed to increase the total payments by $2 million. Smart Chips refused to increase the payments, notified Dandy that Smart Chips was terminating the contract because of Dandy’s alleged breach, and entered into contract with Excellent Contractors to finish the project for total payments to Excellent of $6 million. Excellent finished the project and was paid in full, but the delays resulted in Smart Chips being unable to fulfill $500,000 in orders that it would have been able to fulfill with production from the new clean room. Smart Chips would have had a profit of $75,000 on the cancelled orders. Explain whether Smart Chips would likely win or lose on a claim against Dandy for breach, and what amount of damages would likely be awarded if it were to win on its claim. Use specific dollar amounts and explain how you arrived at them. H. Michelle Garnaut is a celebrity chef who operates “M on Market,” a very high end and successful restaurant in San Francisco. Her sister Mandy was always jealous of Michelle when they grew up together, and became even more jealous when Mandy’s modest neighborhood restaurant failed and went out of business. In her anger, Mandy posted 3 reviews of M on Market on the Michelin Guide website, under fake names over a 10-day period, falsely claiming that each purported customer had become seriously sick after dining at that restaurant. M on Market’s reservations declined by 20% for six months. Assuming that good computer forensics could establish that Mandy posted the fake reviews, discuss what claims Michelle could bring against the Michelin Guide and/or Mandy, and what types of damages, if any, she likely could recover from each of them. 1. United Shipping Company (“USC”) operates a package delivery business similar to FedEx and UPS. 95% of USC’s driver/delivery employees are male. USC requires applicants for these positions to take test to demonstrate they can lift a 200-lb box and carry it while walking briskly for 25 yards. Assume that USC can show that there are both male and female applicants who fail this test, that many more of its female job applicants fail this test compared to male applicants, and that all of its male and female hires passed this test. Two female job applicants who did not pass this test and were not hired by USC filed a class action on behalf of female applicants claiming that USC discriminates against women applicants for the driver/delivery jobs. What arguments can the female plaintiffs make and what type of evidence would they need to present to have a successful discrimination claim?