Question
SHORT ANSWERS. - 10 POINTS EACH Total 30 Points Handwrite a short answer to the following fact patterns.Remember to fully explain the basis for your
SHORT ANSWERS. - 10 POINTS EACHTotal 30 Points
Handwrite a short answer to the following fact patterns.Remember to fully explain the basis for your answer including explaining the elements necessary for each claim and how the facts support the claim.
A.Data Analytics, Inc., and eproducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts does not test its software before it is sold and further claims that eProducts software has many bugs and does not work as advertised. eProducts knows this is not true.As a result of this false claim eProducts loses sales to Data Analytics. On what grounds could eProducts sue Data Analytics for injury to eProducts' reputation?
B.Bob is shopping in Carl's Hardware Store when a nail gun used by Dan, one of Carl's employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was manufactured improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. Explain what elements are required to win an action based in strict liability?
C.Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery? (HINT: Remember Palsgraf case).
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