Assignment:
Question 1.David is a purchasing agent for ABC Corporation. Andy, a ABC corporate officer, gives David written authority to buy for the firm as many Apple devices as necessary. The next day, Andy calls David and tells him to buy only fifty iPads and nothing else. David shows the written authority to XYZ, Inc., and enters into a contract with XYZ to buy sixty iPads and a selection of iPods. XYZ ships the order to ABC. Is ABC liable to XYZ under the contract? Is David liable? In each case, if so, why? If not, why not?
Question 2.Andy takes his pet tiger, which has a bad temper, out for a walk to terrorize the neighborhood. He sees little David playing across the street, and yells to him, as Andy walks toward to David, "hey, your stupid little shit! Why don't you come over and say hello to my tiger!" Andy's intent is to frighten David, but nothing more. David stands, frozen with fear. The tiger snarls at David, straining at his leash. The leash breaks, and the tiger runs over and attacks David. Is andy liable to David for battery?
Question 3.David is a director and officer of ABC, Inc. David makes a marketing decision that results in a dramatic decrease in profits for ABC and its shareholders. The shareholders accuse David of breaching his fiduciary duty to the corporation. What is David's best defense against this acusation? Later, the ABC board considers a resolution for the firm to compete with XYZ Corporation. David is a director and shareholder of XYZ. What is David's responsibility in this situation?
Question 4.Andy owns property secluded deep in the woods outside of San Francisco Bay Area. David, a trespasser, enters Andy's property and stumbles into a snake pit, which Andy had dug as a home for his loving pet snakes. It is full of thorny plants and disgusting, writhing snakes. When David finally escapes, terrified, he sues Andy for negligence. At common law, will David succeed?