Posted: December 20th, 2021

devry mgmt520 midterm exam

TCO F. In Midler v. Ford Motor Co., Bette Midler sued Ford
for unauthorized appropriation. Explain what appropriation is. Tell me what
type of civil claim appropriation is and what a person has to prove to win
damages for it. (short answer only)

Question 2. Question
:
(TCO C) Will E. Chancit, a 36-year-old attorney, was killed
when his Ford Fairlane collided with some metal fence on the Harbor Freeway in
Los Angeles. He was traveling at a speed between 50 and 70 mph. What happened
was this: A city of Los Angeles construction crew had placed a “left lane
closed ahead” sign with a “60 mph” speed limit sign under it.
(The usual speed limit in that area was 70 mph.) However, the actual closed lane was the right
lane. Speculation is that Will noticed at the last minute that he was in the
wrong lane and over corrected, and that’s how he slid off the road and hit the
fence.
After the collision, the car spun and the driver’s door flew
open. Chancit was ejected from the car and sustained fatal head injuries. Had
the door stayed closed, his injuries would have been relatively minor. Chancit
was not wearing his seat belt, and his wife claims he had been up all night the
night before after getting food poisoning at the local Chi-Chi’s.

I. Discuss the negligence or other theory for recovery in
the suit Chancit’s widow has brought against Ford Motor Company, the makers of
the Ford Fairlane. (15 points)

II. Discuss all defenses Ford Motor Company might have. (10
points)

III. Discuss any liability the City of Los Angeles may have.
(10 points)

IV. Discuss any liability Chi-Chi’s may have. (5 points)

I

Question 3. Question
:
A hotel opens up 1 mile away from the highway and refuses to
serve a people of a certain class. Can
the interstate commerce clause be invoke in a case like this. If so, please list the elements that must be
present before the interstate commerce clause can be invoked.

Question 4. Question
:
What are the elements of defamation? Give an example of a
potential defamation claim and provide a defense against that same defamation
claim.

Question 5. Question
:
Explain the concept of Economic Activity and describe when
it will apply.

Question 6. Question
:
What are the elements of defamation? Give an example of a
potential defamation claim and provide a defense against that same defamation
claim.

Question 7. Question
:
Describe the difference between a Tort and a Crime. Why is there a difference between the
two.

Question 8. Question
:
What are the types of damages available to a person who has
had a tort committed against them? Describe these damages.

Question 9. Question
:
Gillian purchased a TV and shortly thereafter read of the
propensity of the TV to overheat and burst into flames. While watching TV, the
set exploded and burned. Gillian experienced rippling burns. Will Gillian
recover? Analyze the various issues and defenses in the case.

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