Business Law Question

Detailed instructions for this assignment can be found in the attached documents. Please review the instructions document and rubric document for best results.

LEGAL PROBLEM ASSIGNMENT INSTRUCTIONS
Using the information you have learned in this class you will write a paper
between a full 2 and 4 pages answering the five questions from one of the
scenarios below. You may do this paper as an individual, or in group of no
more than 3 people. If you decide to do this paper as a group, it will be
ineligible for use in your junior writing portfolio. Your paper should be stapled,
have a cover sheet and parameters consistent with the BLRPs. Your paper
should be written in paragraph format — not bullet format. Your paper must be
submitted in paper by 5:00 p.m. on November 27th. Your due date is based on
the paper copy, not the digital one!
Special instructions: Do not do any outside research! You should not need to
cite to anything. Do not do any outside research. Do not research any specific
state’s laws. This is not an assignment to assess your ability to use Google.
This assignment is about your ability to analyze legal problems based around
what you’ve learned in class.
Your cover sheet should include the Assignment Title and the Scenario
Number. The back of the cover sheet should include your name and
affirmation. Papers that are not stapled, that do outside research, with
handwritten names, or names that are out of order will incur a 5-point penalty.
Scenario #1
– Watch the following video:

Your friend, the driver of the vehicle, is charged with and convicted of
distracted driving – a misdemeanor. For the purposes of this scenario,
distracted driving is defined as “Being in operation of any car, van, truck,
motorcycle or tracked vehicle while using any mobile device, eating, applying
makeup, using a navigational system, reading, or being otherwise
preoccupied with a tangible object.
Your friend is obviously upset. He’s just gotten out of court and is expected to
report to jail for 3 days next week. He’s upset not just for the jail time he’s
going to receive, but also for the $3000 fine and the fact that up to this point
he’s never gotten in trouble with the law before. He’s considering appealing
his conviction but he doesn’t know how to go about doing it or even if he
should. Knowing you have not only passed Richard’s BLAW class, a
Herculean task in itself, but gotten an A, he thought you might be able to give
him some advice. He asks you to come over, plies you full of beer and pizza
and asks you some questions:
1 – What is going to happen if I appeal? What does the process look like?
2 – How can they put me in jail for 3 days? My other buddy was actually
texting while driving and only got a $100 fine. Sure, I was distracted, but I
wasn’t holding a phone.
3 – What do I do if I lose my appeal? What are my options?
4 – The cops didn’t even read me my rights. They just arrested me. Don’t they
have to drop the charges?
5 – Do you think I should even try to appeal?
Scenario #2
– Watch the following video:

It’s your daughter’s 10 th birthday next week and you want to give her the best
birthday ever. But it’s been a tough couple of months. Your car recently broke
down and the cost to fix it really cut into those birthday funds so you start
looking around for cheaper alternatives for birthday party options. You find
a group of guys that call themselves “Epic Meal Time Co.” and give them a
call.
You tell them that you that there’s going to be a big party with 10 of your
daughter’s best friends and you need some pizza, baby goats for petting, and
some games. You are handed a contract to provide all of this for $250,
payable on the day of the party. Before you sign it, you notice it doesn’t
mention the baby goats. However, the company’s agent says, “Don’t worry, I
forgot to put it in writing, but I promise that the goats will be there. Our goat
guy has never let us down in 5 years of doing this.” Satisfied, you sign the
contract.
A week later the people show up. There are no goats. The “pizza” is the
monstrosity in the video. When your daughter sees this, she has a meltdown
and one of the caterers laughs at her tears. You refuse to pay, immediately
fire them, and hire another catering company that shows up with goats and
normal pizza. Since it’s short notice they want $500 plus another $100 if you
want the goats. You give them the $600.
You’re considering suing the company for breach of contract, but they tell you
that they’ll countersue for breach of contract for not paying them. You sit
down, grab a pen, paper, and a Pepsi, and brainstorm as to what to do.
1 – If you sue for breach of contract, what are the steps you’d have to take?
2 – Do you think your lawsuit would be successful if you claim they didn’t bring
pizza? Why? How much can you sue for?
3 – Can you sue for them not supplying the goats? Why?
4 – Can you sue for intentional infliction of emotional distress when the guy
laughed at your daughter’s tears?
5 – Do you decide to sue or not? Why?
Scenario #3
Watch the following video:

After the accident, you take your motorcycle to the dealer. It’ll take $3000 to
fix. You go in and get checked out at the hospital where you are put into a cast
for a broken foot and given pain meds that keep you home from work for a
week. Neither of you have insurance, and your hospital bills are an additional
$4000.
You take your bills to your mom and tell her that she really should pay them
for you. However, she tells you that while she is sorry it happened, she isn’t
going to pay them because she’s been telling you for years that riding
motorcycles are dangerous and those are just the risks you take when you
ride.
According to her, you’ve learned a valuable lesson and are lucky to have
gotten away with just a broken foot since you weren’t wearing motorcycle
boots.
You ask your mom if she was on her phone when she hit you. She says, “No,
I wasn’t texting anyone. I have it connected to my radio and was trying to
change a song on it.” You don’t know what to do. You sit down, grab a pen,
paper, and a Pepsi, and brainstorm as to what to do.
1 – Can you sue your mom? How would you even go about doing that? What
is the process if you have to do it yourself?
2 – What would you sue her for? How would a court decide whether or not
she was liable?
3 – Does it matter that you weren’t wearing proper motorcycle boots? Why or
why not?
4 – Do you think a lawsuit would be successful?
5 – Do you decide to sue your mother? Why or why not?
Scenario #4
Watch the following video:

It was a good birthday. Your best friend’s kid, little Stevie was turning 10 and
you wanted to get him a really cool present. You heard of this company called
Mainway Toys, and you thought it’d be worth taking a look. You buy the kid
Johnny Switchblade and Bag O’ Glass. Your friend’s kid hurts himself with the
toys and now your buddy is threatening to sue you.
1 – Can you be sued successfully for negligence for buying these toys?
2 – Other than a failure to warn, is there a valid product liability lawsuit?
3 – Was there a failure to warn on the Bag O’ Glass?
4 – How might the company defend themselves from your product liability
lawsuit?
5 – How might you defend yourself from a negligence lawsuit?
Scenario #5
— Watch the following videos: https://www.youtube.com/watch?v=3zzwLjWwC7k

After watching these videos, you attempt Goggins’s 4x4x48 challenge.
Goggins states in an Instagram post that anyone that completes the challenge
and provides video proof will get a free t-shirt. You take vacation from your 20
you’re a week, $15/hour part time job at the widget factory to do the
challenge. At around hour 36, you hurt your knee. But man, you really want to
finish this thing to earn one of those t-shirts. Somehow you find the internal
strength to make it through and you complete the challenge. However, your
leg is really hurt and you end up needing to go to the hospital to get it taken
care of and you are billed $10,000. You also miss 2 weeks of work while you
recuperate. What’s more, Goggins never gives you one of those $15 shirts.
1 – Can you sue David Goggins for breach of contract for not sending you one
of those shirts since you completed the challenge? If so, what kind of contract
have you undertaken?
2 – You never signed a waiver before doing the challenge. Can you
successfully sue Goggins for negligence over your hurt knee?
3 – Whether your answer to #2 is yes or no, how much would you sue him for
if you could?
4 – Since Goggins doesn’t send you a shirt, you print one of your own, just for
you, and you wear it with pride. Can Goggins successfully sue you for
trademark infringement? How about copyright infringement?
5 – Do you sue? Why or why not?
Scenario #6
— Watch the following video:

During a party your friend Samantha shows up with a portable breathalyzer.
She says she wants to be helpful and lets people use it before driving home to
know if they’re under the legal limit. Your friend Jasmine uses the breathalyzer
and it shows that she has a .06 BAC. She drives off and is later pulled over on
suspicion of DUI. During the DUI stop the officer has her blow into the police
breathalyzer and it shows a .12 BAC. She is subsequently arrested and
convicted of DUI. The remaining friends at the party proceed to use the
breathalyzer to see who could get the most drunk. Winning the “challenge”,
you get alcohol poisoning and must go to the hospital. Samantha tells
everyone that Jasmine got a DUI and that you can’t handle your alcohol. You
each lose your boyfriends over these rumors.
1 – Can the person who got the DUI sue Samantha successfully for
negligence? Why or why not?
2 – Can you sue Samantha for negligence? Why or why not?
3 – Can anyone sue the creator of the breathalyzer for product liability?
4 – Can either of you sue Samantha for defamation?
5 – Do you decide to sue Samantha? Why or why not?