MGMT 520 WEEK 5 MIDTERM EXAM

MGMT 520 WEEK 5 MIDTERM EXAM

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MGMT 520 WEEK 5 MIDTERM EXAM,

TCO I) Marianne Jennings wrote an article, “Why an International Code of Ethics would be good,” which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne’s article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to one that is real, if you wish. Include in your answer at least two specific concepts from Marianne’s article, and apply those concepts to your reasoning in your answer. Arguably, the United States and other countries have been experiencing one of the longest and hardest hitting economic crises since the Great Depression over the last few years. ..(Points: 40)

I think that there was an ethical basis for the housing bubble collapse because the problems started to happen when banks and other lending institutions started granting loans to borrowers who could not afford to pay the debts…

TCO A. Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the Professional Obligation School of Social Responsibility method. Show the steps, apply the facts, and provide a proposed solution you would suggest. (Points : 40)

While the exact cause for the housing bubble crisis is not known, it is presumed that it was brought about by various unethical practices and by loosely implemented regulations in the mortgage and financial…

(TCO I) Marianne Jennings wrote an article, "Why an International Code of Ethics would be good," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read…In 2009–10, Toyota experienced a troubling "gas pedal" sticking issue, which impacted its global reputation and income and caused it to stagger in its, until then…

For this question, think about the facts of the Toyota recall and its impact on Toyota car owners worldwide, including the value (or loss thereof) of customer's trade-ins, car dealer's business valuation losses, loss in used car sales to used car dealers and owners, and also the loss of lives and injuries to those who were grossly impacted by the…

(TCO A) Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the front page of the newspaper method. Show the steps, apply the facts, and provide a proposed solution you would suggest and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations. (Points: 40)

When making business decisions, it is important ethical dilemma resolutions models are observed by managers. The resolution of ethical dilemmas in business is a very challenging task especially for the mangers, even if the firms or the companies they work for are committed to comply with ethical models in..

(TCO I) Marianne Jennings wrote an article, "Why an International Code of Ethics would be good." which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne's article and can apply her theories and thoughts from the article to the scenario provided. Feel free to reply on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne's article and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations.

An oil travesty has occurred. IN the Gulf Coast British Petroleum's deep sea oil well has had a major malfunction and haws exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf and now the entire southern portion of the United States coastal areas gas been destroyed.

Yes, this is an ethical issue because BP’s cover-up of the extent of the oil spill’s damage was an act of dishonesty. They were also unethical in the way that they handled the crisis. In particular, their use of Corexit to make it seem like the oil spill has been cleaned up is deceitful as the use of the said dispersant has a lot of harmful…

(TCO A) Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest.

The Blanchard and Peale method consists of asking three questions in order to determine whether an action is ethical or not.

The first question asks whether the act is legal or if it violates either a company policy or civil law. In the case of BP, the way they handled the oil spill crisis was not legal, at least by US standards, in that it was against the tort law. In particular,..

TCO F. Target sells bags that appear to be Prada, Gucci, and Coach handbags but are priced much lower. The brand labels on the bags say "Pardna," "Guchy," and "Coaching." The prices are about 65% less than the typical brand-name bags. If the owners of the Prada, Coach, and Gucci names sue Target for palming off or counterfeiting, what would they need to prove to try to win? Do you think they would win? (short answer)

In order for the owners of Prada, Coach, and Gucci to win a case on counterfeiting they would need to show that the bags would create consumer confusion and they would need to prove that Target intentionally tried to confused consumers..

(TCO D) Barney and his 16-year-old son BamBam are riding in Fred’s car. Fred had taken some prescription medication that morning that stated on the bottle, “Warning, may cause drowsiness.” The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He avoids hitting the truck with the blow-out but suffers damage to the left side of his car. BamBam hits his…

Wilma’s statement was not a binding contract because a valid contract must have an offer, acceptance of the offer, and a valid consideration. Although there was an offer from Wilma that she would pay for anything that Betty and Barney’s insurance would not cover, Betty did not accept the offer, and there was also no corresponding consideration in exchange for…

(TCO B) The "public comment" period closes on an OSHA proposed regulation, and your business had filed a public comment against the proposed regulation explaining that the regulation would not fix the problem that OSHA was trying to remedy, that the regulation would cost more than the problem itself, and that the regulation was a tax, not a safety change. List two arguments available to your company that may succeed in overturning the regulation.

One argument is that the proposed regulation is arbitrary and capricious in that it is not clear how a new tax regulation can improve the safety of employees’ work environments. Since the OSHA’s responsibility is to ensure the safety of workers and their work environments, a new guideline or regulation that pertains to the workers’…

(TCO C) One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight beers each and some Crown Royal," although Melissa wasn't drinking due to being pregnant. As he prepared to jump into the water to tube, David's feet slipped out from under him, and he fell into the water, hitting the back of his head and neck on the ladder, knocking him out cold. He slipped under the water and drowned. The other members of the party didn't notice his absence until a passing… (25 points) What potential legal theories of recovery can and should Melissa allege against the following parties (provide support for your answer)?
I. The boat manufacturer
II. The boat seller
III. The coast guard

(15 points) What legal theories of defense can and should each of the above three parties use? Provide support of your answer. (Points : 40)

There are three theories involved in product liability: Negligence Theory, Breach of Warranty Theory and Strict Liability Theory. The negligence theory of liability originated from the English common law of torts. The concept of "tort" related to civil wrong for which a remedy will be obtained in the form of damages. This theory …

(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)

a. 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.

Chancit’s widow may file for a negligence case against Ford Motors, with a claim that the car’s door was defective. Chancit’s widow can even go further by claiming strict liability against Ford Motors because the car’s defect, which resulted from ….

b. Discuss all defences Ford Motor Company might have.

Ford Motor Company can defend that they are not strictly liable for Chancit’s demise on the basis of a defective car because the car was not defective, i.e. the car doors were working just fine upon Chancit’s purchase of…

c. Discuss any liability the City of Lost Angeles may have.

The City of Los Angeles may be filed with a strict liability case because of the wrong placement of its warning sign. Not only did it lead to the death …

d. Discuss any liability Chi-Chi's may have.

Chi Chi’s does not have any liability in the accident and …

(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).

The tort of appropriation is a form of privacy invasion where someone’s right of publicity is invaded. In particular, appropriation is the unauthorized use of someone’s photograph, personality, or name for the benefit of another. This means that certain elements of the plaintiff’s personality are appropriated for commercial…

(TCO B) Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new “Freedom isn’t Free Act” that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18…(Points: 15)

One basis for overturning this law is the U.S. Bill of Rights. In particular, Section 1 of the 15th Amendment indicates that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race…

(TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud travelled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current offering of SUVs. Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other…(10 points)

Yes, Bud can file a claim of negligence against General Motors for their failure to provide a warning of the environment condition in Phoenix, Arizona. The four elements of negligence include the duty of care, the breach of duty, factual causation, and damages. Duty of care pertains to someone taking a reasonable try to make sure that someone cannot get hurt from their actions. In this case, Bud can claim that it was General Motors’ duty to…

(TCO D) (This is a fictional scenario.) Billy Joel decided he wanted to learn to play the violin for his next set of concerts. He called a violin salesman in New York and asked if he had any for sale. The salesman stated he had a Stradivarius and a Guarnerius (two famous brands of violins) and offered to sell them to Billy for $80,000, respectively. Billy agreed, over the phone, to purchase the violins from the salesman and told him he would be in town the next week to pick them up.

Billy didn’t show up for two months, and when he entered the store, the salesman wasn’t there. His wife, Margaret, was there in the store, however, and she had full knowledge of the deal cut between her husband and Billy… (Points: 40)

Billy can sue the salesman and his wife for breach of warranty, which also translates to a breach of contract. In particular, Bernard gave Billy an express warranty that he has Stradivarius and Guarnerius violins. Implied warranty can also be applied here in that since Bernard is in the business of selling musical instruments, this means that Billy could assume that Bernard sold the genuine brands. However, as it turned out, the …

(TCO B) After the 2010 full election, the democrats in congress decided to take matters into their own hands. During the lame duck session, they passed a new "election are free act" that required single people who make more than $75,000/year or married couples who make more than $150,000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote.

The return must prove that they have paid at least 15% of their total income in taxes or they are not allowed to register to vote. List two bases under which some one impacted by this law could argue to have this law overturned.

One basis for overturning this law is the U.S. Bill of Rights. In particular, Section 1 of the 15th Amendment indicates that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Similarly, the 26th …

(TCO D) SpongeBob is a farmer who contracted with Progresso to provide 6 tons of clams worth $3,000/ton to be delivered at Progresso each month. Progresso needs this particular amount of clams each month for their soup in order to meet their production expectations for their customers. The contract contained some very lopsided provisions that excused Progresso from purchasing the clams in the event of many outlined reasons (25 pages of the contract listed out all of the reasons why Progresso could refuse to accept the clams), but prevented SpongeBob from selling his clams elsewhere without permission. After a gulf coast…

Spongebob can file a case against Progresso on the basis of the contract’s unonscionability. In particular, the contract’s terms and conditions were unfair in that they clearly favoured Progresso, the buyer, over Spongebob, the seller. Mitigations for the…

(TCO F) When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under California common law right of publicity claim and under the Lanham Act. List the eight sleek craft factors that are required to prove a Lanham Act complaint.