NO Plaguarism

clear that Galens car u'as on the tracks t'hen the train col-

Iiclecl r.l'itl-r the vel-ucle , t1-re parties clisputecl r'vhctht-r- ('alen

hacl stclppecl llt tllc stoll sigr-r. Ncrv Mcrico hu'rccpLires "li

traveler apploacl-ring an open, ut'tgt-trlrclccl r-ri]roacl crossil-ig

. to stop, look ancL listen for trains usitlg the tracl<s " Under state lau', a driver's lariule to "stop. look and listen"

will be cleemecl rhe sole proximilte cause of the colllslon, ur-rless sullicre nt eviclcncc crists lrotu u llich a .itrry could

concluclc thrlt thc ntilroacl u rts rtlso lrcgligcnt 'l-l'rc ciistrict

cor-rrt grantecl a summaty ludgmenl in lalot o[ the railroacl,

and the plaintifls appealecl Was there sufEcient evrclenctr

that rhe railroacl u'as negligent? Holr shoulcl the appellare

court rule conce rntng the prortlr-ratc cltLtsc rlf the rccicle nt?

. F.rPl1i11 lll, n,ictstu tl Nrtliona/ Raiirottd lltsst'ntt t (irr|''

, /' Frd-rl0rlreir 2olltl V .* Wrongful lnterference. Nledtronic, [r'rc . is a cliversilied" nedicel rcchnologv compan,\- thar clevelops tl-re rapies to treat

I varietl' o[ lne clical conclitions. Tl-te rnar]<e t is highll' corr 1]etitl\'C, ;rnc] N'{ecltrorlic C01111)eIeS

nllti()r.rall;,allcl i]ltclllilti()11-

aiLy r,,'ith St. Juclc N4cclicrrL S.C.. Inc. Jarles Hr'tghes \\'L)rliocl

fbr N'lecltronic as a clistrict sales tran:rge r in Bumingiram' AIa-

bama. Hug}ress employment conlract prohibited hrn'r liorr-r

n'orkrng on competitors products for one 1'ear after lear ir-rg Mechronic. Altt-r rhirtecn 1'ears l'itl'r N'lecltrclnic' Hugl-res

stlttghtltnclecccllteclct.nlllill'tllctltilsilSi]].Sclrr.ccttlrlilr.St.

Jucle ln C)r1ar-rclo. Floricla. [n their negottatiot'ts, rePlesellt'r tir-es of St Jude Lolcl Hughes thaL thel'llelieved his employ-

nlent contract \\ Lrl-r N'ledtronlc was Llnenforceable' 1r{ecltronic

fLlecl a larvsurr ul a N'{illnesota state collrt against St Jucle'

other guests. One of these Suests detained Paths at the guest's

homeio g're Parhs time to "sober up." Parhs then drotehimself

Jrom this guest's home and was hille d in a one-car accident' At

the time of death,hehad ablood alcohol content oJ 0'291 per-

cent, which exceeded the state's Limit Jor dn ting a motor vehicle '

Linda Marcum, Parhs's mother, fled a suit in a South Carolina stdte court against the Bowdens and others, alleging that they

were negligent. f Marcum v. Bowden, 372 S.C. 452,643 S E 2d

85 Q007)l l. Consldering the pnnciples discussed in this chapter,

what are arguments in favor of, and against, holding social hosts iiable ln this situation? Explain'

2. The states vary widelyrin assessing liabrlity and impos- ing sancrions in rhe circumstances described in this problem. In other words, justice is not equal for parents

and other social hosts who serve alcohoiic beverages to

underage lndividuais. WhY ls that?

5-10. ffi Video Question. lows: fhe Bite Thot's Righl [Hll a...tt the video using the instructions provided below

to answer the followlng questions'

l, In the video, the mayor (Murray Hamilton) and a few other men try to persuade ChiefBrody (Roy Scheider) not

to close the townb beaches. If Brody keeps the beaches open and a swlmmer is injured or killed because he

failed to warn swimmers about the potential shark dan-

ger, has Brody committed the tort of negligence? Explain'

?. Lan Chief Brody be held 1iab1e for any rquries or deaths

to swimmers under the doctrine of strict liability? Why

or why not? 3. Suppose that Chief Brody goes against the mayor's

instructions and. warns townspeople to stay off the beach. Nevertheless, several swimmers do not heed his

warning and are injured as a result What defense or

delenses could Brody ralse under these circumstances tf

he is sued for negligence?

-To watch this video, go to www.Gengagebrain'com and reg-

ister the access code that came with your new book or log in

to your existing account. Seiect the link for eirher the "Busr-

ness l-aw Digital Video Library Online Access" or "Business

Law CourseMate," and then click on "Complete Video Lisl'

to frnd the vicleo for this chapter (Video 56)'

\\'hai are its elements a

N.W rontc,Inc. r. Hughes,

-

5-9. i*r A Question of Ethics' Dram Shop Acls. Donald and i$$f Cfr"o Bowdenhosted, alate aJternoon cookout at their*

home in South Carolina, invtting mostly bustness acqudintdnces. lustin Parhs, who was nineteen years old,

attended the party. Alcoholtc beverages were available to aII oJ

the gtests, even those who,lihe Parks, were not minorsbutwere

,nirrogu. Parhs consumed alcohol at the party and LeJt with

alleging wrongful interference. Ie{Lry_g-ypnSf{ interferengg-1g15l;as most likely the basis- fouhiilawsuit?

I \\'hr- ol ir hr not

- (Minnl[pp 2011)]