Business Law Question

Question 1

Mel is in the market for a new home. She falls in love with a La Mesa townhouse, owned by Steph.

Currently renting that townhome is Ted. He, too, loves the home and doesn’t want to move. Mel arrives for a walk through. On the porch is Ted, cleaning his shotgun while taking swigs from a bottle of Jack Daniels. Mel says hello. Ted pulls from his pocket a shotgun shell and, without breaking eye contact, slides the shell into the chamber. Mel shrieks and runs away.

Steph, the homeowner, is outraged. She evicts Ted. Ted is angry. He posts on Instagram an A.I. altered video that falsely shows Steph throwing a puppy from a moving car. It goes viral. Steph, a life-long PETA member, is overwhelmed by cyberbullies. She checks into a hospital for treatment of her stress and anxiety.

Meanwhile, Ted works as a tree trimmer for Paul’s Landscaping, LLC. While pruning a palm tree he falls 40 feet, suffering from a serious concussion. Paul, the owner, sends Ted to the hospital, telling him he’s on his own since Ted was working as an independent contractor.

Ultimately Mel submitted an offer for the townhouse that was accepted by Steph. Before she could pay the deposit she lost her job. Mel tells Steph that she no longer wants to buy the townhome.

Next, Steph gets a call from Bob’s Exterminators LLC. Bob just treated her neighbor’s house for termites. Bob saw a swarm of termites fly to Steph’s house so he went ahead and treated the outside of her house, too. He says she owes him $2000 for that service. She refuses to pay.

Answer the questions below based on the fact scenario above.

Mel calls the police on Ted for the shotgun incident on the porch of Steph’s house.

a)If Ted is charged with a crime, which crime will that be?

b)As detailed in the class lecture/Canvas PowerPoint, what are the elements of that crime?

c)What is Ted’s best defense?

Question 2

Base your answers here on the legal issue in Question 1.

a)In the class lecture/Canvas PowerPoint, I discussed two elements that the prosecution must show in most criminal prosecutions. List those.

b)What scenario did I use in the class lecture/Canvas PowerPoint as an example of the need for the prosecutor to prove these two elements?

Question 3

Steph believes that Ted and his shotgun shenanigan is to blame for Mel backing out of the deal to buy her home. She files a civil lawsuit against Ted.

a)As an advocate for Steph, what issue will she most likely raise in her civil lawsuit against Ted?

b)List the elements of this legal issue as discussed in our course lecture/Canvas PowerPoint video.

c)List and explain two possible defenses Ted can raise.

Question 4

Now we’ll move on to Ted and his fall from the tree. Paul, the owner of Paul’s Tree Trimming, claims Ted is an independent contractor.

a)What test is used in California to determine independent contractor status.

b) As an advocate for Ted, apply facts here to show he is not an independent contractor.

c)In the class lecture/Canvas PowerPoint video I used as an example of “unauthorized acts” a salesclerk at the retailer Best Buy in the context of an agent’s authority. How was this used?

Question 5

Let’s say it’s been six months since Ted fell from the tree. The injury to his brain is permanent, making it difficult to walk, let alone climb trees. He applies for a job as a tree trimmer with Julia’s Tree Trimming service. Julia refuses to hire Ted because he’s unsteady at heights.

a)What federal law can Ted use to challenge Julia’s refusal to hire him?

b)List the elements of the test, as detailed in our class lecture/Canvas PowerPoint video, the courts use to determine whether Ted meets requirements of this law.

c)We addressed this issue in the class lecture/Canvas PowerPoint video, in a case concerning United Airlines and the issue relevant here. In 20 words or fewer – in your own words – what happened there?

Question 6

Now let’s take a look at Ted’s posting of the video falsely showing Steph throwing a puppy from a moving car. Steph files a lawsuit against Ted. She’s alleging two torts. One is defamation. For this question, focus on the second tort.

a)What legal issue will Steph raise in her lawsuit against Ted, other than defamation?

b)What are the elements of the second tort that Steph will raise in her lawsuit, as detailed in our class lecture/Canvas PowerPoint video.

c) In our class lecture/Canvas PowerPoint video I used an example of this tort in the context of radio host Howard Stern. In your own words, what happened there.

Question 7

Mel backed out of the contract to purchase Steph’s home. Steph files a lawsuit to force the sale.

a)Was it necessary for this purchase agreement to be in writing? Explain.

b)Would this purchase agreement be considered an express contract, implied contract or quasi contract? Explain.

c)If Steph is successful, will she be entitled to punitive damages? Explain.

d) In our class lecture/Canvas PowerPoint video I discussed a contract concerning snowboarder Shaun White. What happened there?

Question 8

Bob from Bob’s Exterminators LLC files a lawsuit against Steph for payment for the termite eradication.

a)What type of contract will Bob try to show exists here?

b)List elements of this form of contract, as described In our class lecture/Canvas PowerPoint video?

c)In our class lecture/Canvas PowerPoint video I shared the example concerning one having their house painted, in the context of what happened in this case. What happened there.

Question 9

Bob’s Exterminators LLC uses the chemical Permethrin to eradicate termites. He manufactures his own with supplies he receives from a chemical company in New Mexico. He has 200 pounds stored in his warehouse. The U.S. Congress, concerned that too much Permethrin on the market will result in falling prices and a shortage, passes legislation banning storage of more than 20 pounds of Permethrin. Bob is told by the EPA to destroy 180 pounds.

a)Where in the US Constitution might Congress find the authority to pass such legislation.

b)What is the test used to determine whether an act is subject to this legislation?

c)Which landmark case, as described In our class lecture/Canvas PowerPoint video, did I use to explain this constitutional principle?

Question 10

Bob develops a termite-eradicating chemical that he claims is much safer for the environment, and not regulated by Congress. He calls it Permethrin-Greene.

a)What form of intellectual property will protect Bob’s rights to this chemical.

b)What test is used by the courts to determine whether he can be granted such protection?

c)In our class lecture/Canvas PowerPoint video I shared the example of the “Dad Saddle.” For what purpose did I use that example?