Assume Horace is the owner of a large manufacturing firm. His firm manufactures the screens used by the manufacturers of cellular phones and many portable handheld devices. Horace originally developed the screen using a new type of material not previously used in the industry. Horace also created the screens so that they have a certain edging which makes them less likely to crack or fail when being utilized by the cell phone manufacturers who buy his screens. Horace hired an attorney to file an application with the USPTO to protect his invention. Horace has developed a process for making the screens that is extremely efficient. The process is so efficient that Horace is able to sell the screens he creates at one-half of the cost of his competitors. Horace has had all of his employees sign a contract stating they will not ever tell anyone about his manufacturing process. Horace has become increasingly rich from his manufacturing process. He owns several vacation homes including one which is located in Hawaii. Each year he allows some of his best performing employees to stay at his home in Hawaii free of charge. Horace pays for the employees to fly to Hawaii for two weeks and gives the employees $200 per day in spending money. Unfortunately, this past year some artwork went missing from the house. The artwork was later found in the possession of Tabitha. Tabitha was Horace's best performing salesperson last year. Horace was heartbroken when police notified him that Tabitha had confessed to taking the artwork. Each year Horace has a few of his employees climb on the roof of the manufacturing building to inspect the surface of the roof. Technically, the employees should not be on the roof without wearing harnesses securing them to the roof under federal law. However, in years past, the employees complained about the harnesses so Horace did not ask the employees to utilize them this year. Todd is an employee who climbs on the roof to inspect it. He is hurt when he falls from the roof. Todd was not wearing the harness required under the law. Based upon these facts alone, Horace may be liable to Todd for the tort of

Assume Horace is the owner of a large manufacturing firm. His firm manufactures the screens used by the manufacturers of cellular phones and many portable handheld devices. Horace originally developed the screen using a new type of material not previously used in the industry. Horace also created the screens so that they have a certain edging which makes them less likely to crack or fail when being utilized by the cell phone manufacturers who buy his screens. Horace hired an attorney to file an application with the USPTO to protect his invention. Horace has developed a process for making the screens that is extremely efficient. The process is so efficient that Horace is able to sell the screens he creates at one-half of the cost of his competitors. Horace has had all of his employees sign a contract stating they will not ever tell anyone about his manufacturing process. Horace has become increasingly rich from his manufacturing process. He owns several vacation homes including one which is located in Hawaii. Each year he allows some of his best performing employees to stay at his home in Hawaii free of charge. Horace pays for the employees to fly to Hawaii for two weeks and gives the employees $200 per day in spending money. Unfortunately, this past year some artwork went missing from the house. The artwork was later found in the possession of Tabitha. Tabitha was Horace's best performing salesperson last year. Horace was heartbroken when police notified him that Tabitha had confessed to taking the artwork. Each year Horace has a few of his employees climb on the roof of the manufacturing building to inspect the surface of the roof. Technically, the employees should not be on the roof without wearing harnesses securing them to the roof under federal law. However, in years past, the employees complained about the harnesses so Horace did not ask the employees to utilize them this year. Todd is an employee who climbs on the roof to inspect it. He is hurt when he falls from the roof. Todd was not wearing the harness required under the law. Based upon these facts alone, Horace may be liable to Todd for the tort of