Section Three

Answer the questions below

1.While pulling out of her driveway, Bethany becomes distracted by a bee and strikes Melanie, who is riding past on a bicycle. Bethany suffers serious injury as a result of the accident while Melanie is uninjured. Do these facts provide a basis for a valid negligence claim? Why or why not?

2.Bases are loaded and K.C.'s at bat during Company B's annual picnic. K.C. pops a fly ball deep into left field and Larry springs from third base, knocking Mary off her feet as he slides home safe. Mary suffers a severe fracture as a result.Is Mary's claim for assault and battery likely to succeed? Why or why not?

3.During a Sigma Pi Rho fraternity party, inebriated Marty passes out. Practical joker Jake ties Marty to the bed, applies heavy make-up to his face, photographs the scene with his cell phone, and then promptly passes out himself. Marty awakens early the next morning with an urgent need to use the restroom, but is unable to rouse Jake from his drunken stupor until late in the afternoon. A humiliated and hysterical Marty soils the bed and destroys the bed frame trying to get loose. Can Marty file a tort claim? If so, what type of tort would this involve? If not, please explain your answer.

4.Stuart and Lewis are enjoying dinner at Stuart's apartment when an argument ensues over an incident that took place back in high school. In his anger, Lewis yells, "You're a sniveling coward, Stuart! You've always been a coward!"Does Stuart have a valid claim for defamation? Why or why not?

5.Becky's neighbor's barking dog, Butch, is left outside for 8 hours daily while the neighbors are at work. Butch barks when he's ready to go inside and continues barking until someone lets him in. Butch barks when he hears a loud noise, when he sees or hears someone walking or talking. When Butch's owner is at home, he constantly yells at Butch to shut up.Due to the relentless yapping and shouting, Becky cannot tolerate spending any time in her yard. As a result, her once-beautiful garden is nothing but weeds, her pool sits unused in the sweltering summer heat, her tenant has given notice, and Becky has become anxious and depressed. Identify the tort most closely associated with this fact pattern, and discuss any potential remedies Becky may seek through the courts.

6.Stanley fears for his life when Victor, his life-long enemy, threatens to pull out a gun and shoot both Stanley and his dog.Is there a valid tort here? Why or why not?

7.A city ordinance stipulates that all bicycle riders must wear a helmet. Bethany decides to enjoy a cigarette during a leisurely Sunday morning bike ride. As she goes to light the smoke, the chin strap on the helmet pops loose causing her to crash into Melanie, who is enjoying an enormous lead in the annual town-sponsored 5K run. No one is seriously injured, no property is damaged, and the 5K does not offer any sort of prize, but Bethany later learns that the bicycle helmet has been recalled due to a defective chin strap lock which has caused several hundred serious injuries throughout the country, including 22 fatalities. Does this scenario present a valid tort claim involving Melanie and/or Bethany? Why or why not? Please base your answer solely on the facts provided, and what you've learned about negligence, strict liability, product liability, joint and several liability, and contributory and comparative negligence from this week's assigned reading.

8.The neighborhood wizard persuades local hobbit, Frodo Baggins, to travel across the country and cast an evil, magic ring back into the fiery chasm from whence it came.Samwise, employed by Mr. Baggins as a gardener, will accompany Frodo, providing assistance, support and moral fortitude along the way. Sam chooses to forego his normal gardener's salary of 2 pennies paid bi-weekly, and instead, joins the quest out of loyalty and friendship.After a long, arduous and often harrowing journey, Sam and Frodo find themselves at the very fires of Mount Doom. During a vicious fight for Frodo's innocence, and the very freedom of Middle Earth, Sam causes the death of Smeagol. As Samwise's employer, and more significantly, heir to the estate of one Bilbo Baggins (rumored to be worth a fortune and approaching 130 years of age) Frodo is named as co-defendant when Smeagol's surviving family members file suit against Sam for negligence, wrongful death, and emotional distress. Is Frodo likely to be held liable under the doctrine of respondent superior? Why or why not?

9.While riding her bicycle without a helmet, a bee flies into Melanie's ear. As a result, the bike swerves off course and runs into Bethany's car as she is backing out of a driveway.Both women are injured severely enough to require medical attention and to preclude their ability to work for at least six weeks. Discuss the elements of negligence (duty, breach of duty, proximate cause and damages) as they pertain to each party in this situation.

10.A bengal tiger has been removed from a carnival owner due to neglect and mistreatment. A local petting zoo agrees to temporarily accommodate the tiger - affectionately named Benny - until the SPCA can clear out and repair their only appropriate shelter. Veterinary student, Peter, promptly volunteers to care for Benny, providing food, water, and some limited, and badly-needed, medical and dental care. Based on what we have learned about torts this week, please discuss factors that should be considered by the petting zoo consider before accepting Peter's offer?

QUESTION 26 Is Important to Allen's company because he puts chemicals in laundry detergent. Q joint demand Assorted demand Derived demand Target demand Divided demand QUESTION 27 A professional buyer must be able to do all of the following EXCEPT @ negotiate prices, delivery dates, and payment terms for goods and services, O determine the media in which advertisements will be placed be flexible enough to buy products on a whim if needed. study a company's sales records and inventory levels O identify suppliers and obtain bids from them, QUESTION 28 As the demand for MP3 players increased, so did the demand for headphones. This is an example of joint dernand OFassorted demand O shifting demand O fluctuating demand O flailing demandUse ILAC format to answer the questions Question 1: what is Member remeces {1G marks}: [chapter 1? of Understanding Company Law] Question 1 what is Director's duties (EC! marks}: {chapter 13 of Understanding Company Law} ME}:r duties 5130, 5131, 513; 5133, 5134 and 55336- o'Ft'l're Corporaticms Act 'r'bu will be ashed to advise ASIC have there been breaches of the Corporations Act in the above circumsta nces. 'rbu must look at that for each ofthe five directors {2 executive directors and three non executive crectors}. The compan}:r is in nancial difcultytha't is related in terms howthe directors should be responding to that. wl'ietherthe major response to represent the breach or not. Nominate Type of breach Discuss the provision that has been bread'red. Question 3: Corporate Contracting [10 marks}: Can the bank enforce the mortgage contract against the company"? Section 13 ofthe Corporations act in instances where a Director has misrepresented a cosignatory. TRUE OR FALSE Identify whether the statement is true or false. 1. Contracts with minors are only voidable if the minor agrees to buy text books for school. 1 points A) True O B) False 2. Vivian approached Yvette about the sale of a sapphire bracelet at $375. Yvette says she will think about this. The next day Yvette hands $370 to Vivian, Vivian takes it and responds that she will bring the bracelet for Yvette 1 points tomorrow at lunch. However, during that night Vivian died. Here a contract was not formed. O A) True B) False 3. Acceptance could be evidenced by the offeree carrying out a duty detailed by the offeror. 1 points A) True ( B) False 4. An 18-year-old cannot enter into a contract if he has a criminal record. 1 points O A) True O B) False 5. Companies and partnerships are similar because the both have legal persona. 1 points A) True O B) FalseAccording to China's Company law, who of the following persons could be eligible for appointment as a director, supervisor or senior manager of a company? A. A person who has been convicted crime of corruption B. A physical disabled person who has full civil capacity C. A former director of a company which has been declared bankrupt where he was personally responsible for the bankruptcy D. A person who has significant unpaid debts. 8. Which of the following FIE forms is not a legal person? A. CJV B.EJV soon mug rancor C. Branch office D.IHC how of viilids and beat vilsing aved of bermilos ed or ontolyons set . 9. According to China's company law, a company may not purchase its own shares in which of the following circumstances! A. to reduce the registered capital B. to merge with another company that holds its shares C. to reward the staff of the company with shares of D. to escape some tax Page 2 7 pages in totalQuestion 5 a) Your supervisor made a statement that, 'It Is not compulsory to attend the staff meetings as long as you come to work. As a company law student, evaluate the statement to the staff who have stopped attending the staff meetings and the consequences. b) Maame Serwaa has Just been appointed as a director of a limited llability company. She has approached you with confusion as she does not know what Is expected of her. Critically break down the subject on directors to her. c). Simba Co. Ltd. has been operating for the past two years without holding any meetings. As the company law Intern, convince your supervisor on the need to rectify the errors. Question 5 a) Your supervisor made a statement that, 'It Is not compulsory to attend the staff meetings as long as you come to work: As a company law student, evaluate the statement to the staff who have stopped attending the staff meetings and the consequences. b) Maame Serwaa has Just been appointed as a director of a limited llability company. She has approached you with confusion as she does not know what Is expected of her. Critically break down the subject on directors to her. c). Simba Co. Ltd. has been operating for the past two years without holding any meetings. As the company law Intern, convince your supervisor on the need to rectify the errors