6 In Michigan, a man rented a car from a rental company but gave his brother permission to drive the vehicle although he was not listed as an authorized driver on the rental contract. The brother fell asleep while driving and collided with another vehicle, causing injury. The injured party sued the rental car company and its insurance company. Both denied liability because the brother was not an authorized driver. The court will dismiss the lawsuit because the driver was not an authorized driver.

True

False

7

In which cases might the airline be liable for negligence:

Failing to properly latching the door of the serving cart that swung open on takeoff and struck a passenger

An airline not holding a plane when a passenger arrived 30 minutes before the flight, resulting in the passenger missing an important business meeting and loss of $5 million

A passenger being put on standby for 2 days as a result of mechanical errors and bad weather, which caused a passenger to miss a wedding rehearsal.

Flight attendants not properly monitoring the overhead lugage rack, resulting in a suitcase falling on a passanger's head

Failing to monitor an 11 year old girl participating in the airline's "unaccompanied minor" program, enabling another passenger to molest her

Failing to stop a flight attendant from using passenger luggage to transport drugs illegally into the USA, leading to the passenger being incarcerated for 9 months.

9

In New York, the rental car driver was forced to make an emergency stop on the side of a busy unlighted highway because the car he rented malfunctioned. While parked, he was hit and killed by a passing truck. The rental company was aware at the time it rented the car to the plaintiff that it had a history of overheating and leaking anti-freeze. The victim's wife sued the rental car company on behalf of the estate. The rental car company motioned to dismiss the case since they were not responsible for the truck and they claimed there was no negligent entrustment. The court will refuse to dismiss the case and will refer it for a jury trial.

True

False

10

Prophet of the Mormon church Thomas S. Monson was traveling from NYC to Paris for a LDS convention. For the first time, he decided to travel with a box containing the Seer Stones (the stones which Joseph Smith claimed allowed him to read the gold tablets which became the Book of Mormon). These stones, although just common rocks to non-Mormons have tremendous spiritual value to people of the Mormon faith. While Thomas Monson was traveling, the box of Seer Stones got separated from him by security and were lost. Monson did not purchase any additional insurance for the package because in his view, they were priceless and money could not replace them. A judge found that the airline was liable for the missing Seer Stones. The lawyer from the LDS church, using an estimate from Christie's chief appraiser claimed that the Seer Stones were valued at around $25 million if put to public auction. The limiting liability statute capped the damages at $1,437.58. The defense introduced a geologist who claimed that the stones were common and possessed no intrinsic value other than the emotional and spiritual value given to it by LDS members. What is the MOST likely result?

The NY statute only compensates for the actual value and not the sentimental or fanciful value the owner may place upon it. So he would receive nothing for the Seer Stones because the geologist claimed that all of their value was fanciful and not intrinsic.

The court would find that the airline must find the Seer Stones and return them since they are priceless.

The airline's insurance company will have to pay the full $25 million because it was evaluated at that price by an expert in the field of historical assessments. The Seer Stones have not only a personal value to Mr. Monson but a value to all 15 million of it's members. There is in fact a market for these stones from a historical and religious perspective.

The limiting liability statute would cap the damages at $1,437.58 which is consistent with the Montreal Convention. There was no extraordinary exception in the case other than the items being spiritual and of tremendous value. Whatever their true price may be, it at least has a resale value above the maximum permitted liability.

10

Three Arab men in their 20s bought tickets on the morning of September 11 2011 and boarded a plane from Dallas to Washington DC the same day. While on the half booked plane, the three men move from the back row together near the restroom to three different rows which were empty. At one point all three men got up at the same time. One man proceeded to first class while the other two moved toward the restroom at the back of the plane. The flight attendant stopped the man from going to the front of the plane, telling him that it was first class passengers only. The three men met in the back of the plane in line for the restroom even though no one was currently in the restroom. They spoke in Arabic and one man raised his voice, which drew the attention and concern of some of the other passengers. A couple of passengers made comments to the flight attendant that they were concerned about "suspicious" activity and that it was the 10 yearanniversary of 9/11. Another passenger claimed that she hear them talk about Osama. The nervous passengers had a way of making the fear contagious to everyone in earshot. The flight attendant alerted the captain. She alerted the tower and on the layover in Cincinnati, the police entered the plane and took the three men off in handcuffs and abused the men while in custody. After a day of grueling investigation, the men were released and the airline apologize and flew the men the remainder of the say back in first class.

The men sued the airline for a civil rights violation and physical abuse. The airline contended that pilots have broad discretionary authority to request investigatory assistance from law enforcement authorities and can remove any passenger the pilot decides may be inimical to safety. In addition the abuse of the police is not relevant to the suit against the airline since the police are not agents of the airline. The court will most likely find in favor of the three Arab men.

True

False

QUESTION 12

1. If 100 people are badly injured in a case of negligence. It would make sense for them to join a class action suit in small claims court so that they will not need to get a lawyer or follow complex rules of procedure and evidence.

   True

   False