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Chapter 6

Elaine Sweeney went to Ragged Mountain Ski Resort in New Hampshire with a friend. Elaine went snow tubing down a run designed exclusively for snow tubers. There were no Ragged Mountain employees present in the snow-tube area to instruct Elaine on the proper use of a snow tube. On her fourth run down the trail, Elaine crossed over the center line between snow-tube lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions.

1.What defense will Ragged Mountain probably assert?

Chapter 7

Shalene Kolchek boughta Great LakesSpa from ValPorter, a dealerwho was sellingspas at thestate fair. Kolcheksigned an installment contract. Porter then handed her the manufacturer's paperwork and arranged for the spa to be delivered and installed for her. Three months later, Kolchek left her six-year-old daughter, Litisha, alone in the spa. While exploring the spa's hydromassage jets, Litisha stuck her index finger into one of the jet holes and was unable to remove her finger from the jet.Litisha yanked hard,injuring her finger,then panicked andscreamed for help.Kolchek was unableto remove Litisha's finger, and the local police and rescue team were called to assist. After a three-hour operation that included draining the spa, sawing out a section of the spa's plastic molding, and slicing the jet casing, Litisha's finger was freed. Following this procedure, the spa was no longer functional. Litisha was taken to the local emergency room, where she was told that a bone in her finger was broken in two places. Using the information presented in the chapter, answer the following questions.

1.Under which theories of product liability can Kolchek sue Porter to recover for Litisha's injuries?

Chapter 8

Two computer sciencemajors, Trent andXavier, have anidea for anew video game,which they proposeto call Hallowed.They form abusiness and begindeveloping their idea.Several months later,Trent and Xavierrun into a problem with their design and consult a friend, Brad, who is an expert in designing computer source codes. After the software is completed but before Hallowed is marketed, a video game called Halo 2 is released for the Xbox and Playstation systems. Halo 2 uses source codes similar to those of Hallowed and imitates Hallowed's overall look and feel, although not all the features are alike. Using the information presented in the chapter, answer the following questions.

1.Would the name Hallowed receive protection as a trademark or as trade dress? Explain.

Chapter 24

Leota Sage sawa local motorcycledealer's newspaper advertisementoffering a MetroRider EZelectric scooter for$1,699. When she went to the dealership, however, she learned that the EZ model had been sold out. The salesperson told Sage that he still had the higher-end MetroRider FX model in stock for $2,199 and would sell her one for $1,999. Sage was disappointed but decided to purchase the FX model.When Sage said that she wished to purchase the scooter on credit, she was directed to the dealer's credit depart-ment. As she filled out the credit forms, the clerk told Sage, who is an Asian American, that she would need a cosigner to obtain a loan. Sage could not understand why she would need a cosigner and asked to speak to the store manager. The manager apologized, told her that the clerk was mistaken, and said that he would "speak to" the clerk. The man-ager completed Sage's credit application, and Sage then rode the scooter home. Seven months later, Sage received a letter from the manufacturer informing her that a flaw had been discovered in the scooter's braking system and that the model had been recalled. Using the information presented in the chapter, answer the following questions.

1.Did the dealer engage in deceptive advertising? Why or why not?

Chapter 25 Residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among the local pop-ulation. Several concerned citizens pooled their resources and commissioned a study to compare the frequency of these health conditions in Lake Caliopa with national averages. The study concluded that residents of Lake Caliopa experi-enced four to seven times the rate of frequency of asthma, bronchitis, and emphysema as the population nationwide.During the study period, citizens began expressing concerns about the large volume of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had a production facility two miles east of town beside the Tawakoni River and employed seventy full-time workers. Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public water works facility, which supplied all city residents with water.The Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. Later,citizens sued CottonDesign for variousrespiratory ailments allegedlycaused or compoundedby smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions.

1.Under the common law, what would each plaintiff be required to identify in order to be given relief by the court?

Chapter 26

Vern Shoepke purchased a twostory home from Walter and Eliza Bruster in the town of Roche, Maine. The warranty deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park that included a popular Frisbee golf course. (Frisbee golf is a sport similar to golf but using Frisbees.) Wayakichi Creek ran along the north end of the park and along Shoepke's property. The deed allowed Roche citizens the right to walk across a fivefootwide section of the lot beside Wayakichi Creek as part of a twomile public trail system. Teenagers regularly threw Frisbee golf discs from the walking path behind Shoepke's property over his yard to the adjacent park. Shoepke habitually shouted and cursed at the teenagers, demanding that they not throw objects over his yard. Two months after moving into his Roche home, Shoepke leased the second floor to Lauren Slater for nine months. After three months of tenancy, Slater sublet the second floor to a local artist, Javier Indalecio. (The lease agreement did not specify that Shoepke's consent would be required to sublease the second floor.) Over the remaining six months, Indalecio's use of oil paints damaged the carpeting in Shoepke's home. Using the information presented in the chapter, answer the following questions.

1.What is the term for the right of Roche citizens to walk across Shoepke's land on the trail?