BUSA2106 review1) NEGLIGENCE: In a slip and fall claim Plaintiff will likely recover if the Defendant failed to abide by an applicable building ordinance ever in P testifies that she doesn’t know how she fell. Answer: FALSE. If you don’t know why you fell, you can’t proof causation (For negligence, you have to proof 4 things)2) EMPLOYEE DISCRIMINATION: How does a claim under the ADEA differ from a claim made under Title VII with respect to what the P must prove? Answer: P must show age discrimination was the only reason for the adverse employment action.3) EMPLOYEE DISCRIMINATION: Identify the 4 elements of the prima facie case a P must establish in order to bring employment disc claim under Title VII. Answer: (On slides) Protected class: some adverse action4) AGENCY: True or False If an agent fails to follow the principal’s instructions resulting in loss or damages to the principle then agent is liable: Answer: TRUE. Duty of obedience. Agent has to follow reasonable instructions given by the principal.5) If D has violated an applicable statue in connection with P alleged injury and P asserts her claim as negligence as per se, what elements of her negligence claim must plaintiff STILL PROVE and which are established by law under the concept of negligence per se? Answer: Plaintiff must establish causation & damages but duty and breach are established by law. 6) AGENCY: Beau purchases rare coins on behalf of Amy with his own funds, however Amy refuses to reimburse him for his expenses incurred in the purchase of the coins. What can he do to recover his expenses? Answer: Agent’s lien on this stuff. Assert possessory lien rights first. Then he can sell them. 7) INTELLECTUAL PROPERTY: What must an invention be to warrant patent protection? Answer: Useful, Novel, and Non Obvious8) NEGLIGENCE: True or False A claim of strict liability in the product liability context requires a showing that the manufacturing was negligent (owed a duty tot the customers and breached that duty) in its design, manufacturing or marketing of the product. Answer: FALSE. You don’t have to prove negligence in strict liability cases and that’s why this is false. If you can show a defect and someone was injured, then show who made it to be at fault.9) INTELLECTUAL PROPERTY: If another professor at GSU in the music department used Professor Grelecki’s musical composition in class without his permission an example of how not to compose music what can Grelecki do? Answer: Nothing as this is likely Fair Use. Cannot do anything because it is likely used for educational purposes.10) INTELLECUTUAL PROPERTY: What do employers often utilize to avoid trade secret misappropriations by employees and former employees? Answer: Confidentiality, Non Disclosure, & Non Compete Agreements11) INTELLECUTUAL PROPERTY: If Grelecki wrote an original musical composition on June 4, 2005, which he has wrote on a cocktail napkin and place in a Lucite container on his desk. He dies on June 6, 2013, when does the copyright protection for his musical composition expire? Answer: June 6, 2083 becauseCR protection extends for the life of the author plus 70 years.12) True or False: An employer would likely be liable for injury to a third party caused by an employee frolic but likely not if the employee was on a detour: Answer: FALSE. Frolic is a major deviation. If it’s outside the scope of employment, the employer is not going to be liable.13) NEGLIGENCE: True or False: In a jurisdiction which has adopted partial comparative negligence, if P’s negligence is found to have contributed to 49% of the injury P WILL BE Completely BARRED FROM RECOVERY. Answer: FALSE. Partial comparative it’s ok up to 49 even 50 %. Once the plaintiff is more at fault than the defendant, we don’t allow it. Even it was a pure comparative. 14) EMPLOYMENT DISCRIMINATION: In order to establish a constructive discharge P must present what 3 things? Answer: (42.00) 1) objective proof of intolerable working conditions, 2) which employer knew or had knowledge of, 3) failed to correct within a reasonable time15) INTELLECTUAL PROP: If Grelecki sells his copy of the class book what recourse does the publisher have against me for this distribution of the book? Answer:Nothing based of the First Sale Doctrine. Cannot make copies.16) EMPLOYMENT DISCRIMINATION: How can an employer defend against a disparate impact claim? Answer: 1) Show that the allegedly discriminatory policy meets a business necessity or 2) Bring stats established that the allegedly discriminatory policy does not have a discriminatory effect on the protected class of which plaintiff is a member.17) INTELLUCTUAL PROPERTY: What must an owner of a trade secret do to maintain protection under the law? Takes reasonable steps to maintain its secrecy. Answer: Take reasonable steps to maintain secrecy? Confidentiality agreement? Don’t choose confidentiality because that only applies to employees.18) AGENCY: Bill is employed as a clerk at Mary’s store. All goods have a fixed price, which Bill knows. Bill sells a cell phone case that should cost $20 to a customer for $25, pocketing $5. What can Mary do? Answer: Seek to recover the 5 from Bill in an Action for Secret Profits.19) EMPLOYNENT DISCRIMINATION: What must a P typically establish when asserting a disparate impact claim? Answer: Defendant has a facially neutral policy, and when the policy is applied, it statistically has a discriminatory effect on the protected class20) T OR F If a land owner grants a real estate agent authority to sell her property via written agreement, actual author to perform other tasks related to the sale ofthe property which were not specifically listed in the same agreement actual authority to do other things to sell the property in which Answer: False. Expressed actual authority in agreement allows implied actual authority because it is required for her to do her job.21) NEGLIGENCE: T or F As a landowner you owe licensees a greater duty because you have the make reasonable inspections to discover any non-obvious dangerous conditions and make them safe to warn licensees of such conditions. Answer: FALSE Invitees greater duty, not licensees.22) AGENCY: GSU hires Grelecki to perform construction work and Grelecki has his own LLC through which he contracts with GSU, used his own tools to performthe work, is given 3 weeks to complete the repair job, and gets paid a lump sum upon completion of the project. What