Question 1- We spent a considerable amount of time early in the semester addressing the ethical, legal and personal challenges of a sexual harassment case at a school of Law. Identify another significant ethical challenge that you may encounter in the workplace or graduate school (you may not use sexual harassment as a topic). Identify all the ethical issues posed by the challenge you choose. What "Rules" or ethical principles will guide your analysis? Analyze the matter carefully and provide a viable solution/conclusion to the challenge. Information in Chapter 2 of the text, together with handouts distributed in class, should be of assistance to you in composing your analysis. Psssst....there are ethical dilemmas presented in all of the chapters you read.
Question 2- Discuss the characteristics of and differences between:
a. Bilateral & Unilateral Contracts
b. Express & Implied Contracts
c. Voidable Contracts & Void Agreements.
Question 3- You enter an expensive restaurant and are seated by the hostess. A waiter brings you plates, knives and forks, napkins and other "setups" for dinner, including bread and butter, which you partly consume. When you read the menu, you realize that the prices far exceed what you can afford, and you then make it clear that you do not intend to order a meal. What kind of contract (obligation) do you have, if any? Explain.
Given the facts above, assume you read the menu and place an order. Nothing is said about an agreement to pay. Is there a contract? What kind?
Question 4- XYZ Oil Company, a corporation that owned and operated a number of gasoline filling stations in Northern California, hired Tom's Tank Company to dig up and replace underground tanks at one of its stations in San Francisco. While this work was being done, Mary Jones, a customer, fell into one of the open and unprotected holes and was severely injured. The hole was left open and unattended by Sam Jones, an employee of Tom's Tank Company, who was drunk at the time of the accident. Mary sues both XYZ Oil Company and Tom's Tank Company in tort. What will be the likely result, considering the general provisions of the common law of agency?
Question 5- Airway International, Inc., is a commercial passenger airline. Airway includes on its tickets a clause that states the airline is not liable for any injury to, or the death of, any passenger caused by its, or its employees' negligence. An Airway flight from Boston to New York crashes into Long Island Sound, resulting in the deaths of all passengers. The cause of the accident is found by the NTSB to be due to Airway's negligence. Based on the clause on its tickets, can Airways avoid liability? Why or why not? Elaborate on your answer.
Question 6- What are the differences between a bilateral mistake and a unilateral mistake. Provide an example (other than the ones presented in the text) of each category of mistakes. What impact does each mistake have on the ability of the party(ies) to rescind the contract.
Question 7- After viewing the video "Hot Coffee", do you believe that McDonald's was negligent in serving coffee at 180-190 degrees Fahrenheit? Why did the jury in that case award $2.7 million in punitive damages against McDonald's? Do you think that the law of each state should place a "cap" or limit on how much plaintiffs can recover, e.g. $250,000? Why or why not?