8 questions each answer needs to be between 100 & 200 words with 1 scholarly reference.
1) What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples of both negligence and an intentional tort.
2) Would the mere fact that a person got hurt qualify as negligence?
If we look at the example of a day care, clearly people trust the day care to take care of their children. But children love to play and so it would not be surprising to hear that a child went outside at recess to go play, possibly on playground equipment. If a child was swinging and fell out, injuring or breaking their arm, is the day care negligent? What about falling off a slide and bruising an arm? Is that negligence? Is negligence triggered at the slightest injury or does it require something more substantial?
3) Grambling University did not renew their rights to their logo and so the trademark lapsed. Once that had happened the logo was public domain and anyone could use it. So all of the official NCAA gear and licensing rights were out the window as no one could stop an unauthorized knock off from being sold. There really isn’t any way to come back from that and so Grambling came up with a new logo.
How does something like this come into play in the general business context? What would you have done if you were Grambling?
4) Teams can stand to make some money by introducing a new line of products with a new logo. The amounts to a pretty good silver lining in the end. But what do you do about those old uniforms or logos – assuming that you haven’t let the trademark expire? Should you keep those protected or give them up?
5) In the sports world I think many people are familiar with retro uniform days where teams wear versions of yesteryear’s apparel. Do you think that the possibility of having a retro uniform day makes it worthwhile to keep the trademark? Are there any other reasons to keep a trademark protected?
6) From the perspective of the business, is there a weakness to the noncompete clause? How do those need to be structured in order to be enforceable?
7) Enron was a massive failure for the business and accounting worlds seemingly driven by an insatiable desire for more money at any cost. Suppose that there was a strict liability standard in place during the time of the Enron collapse in each area in which Enron failed. Would having that strict liability standard have changed anything?
8)This reminds me of one of my coworkers, she fell and cut her head open and had to get stitches. We have cameras and it was an accident but the owner didn’t pay for any damages nor did she have insurance. He told her she should have had Obama Care then the next two weeks she was fired. Would this be a tort claim, what you think?
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