BUSA2106 review 1 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 action 4 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 Obvious 8 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 Agreements 11 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 because CR 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 time 15 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 class 20 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 of the 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 perform the work is given 3 weeks to complete the repair job and gets paid a lump sum upon completion of the project What is Grelecki considered Answer Independent Contractor 23 NEGLIGENCE If a comp man distributes or sells a product which is inherently dangerous and those dangers are not obvious to the consumer