Business Law
Essay Preview: Business Law
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Megan Smith
Ch 8
5. Yes he has committed a crime. Campbell made a defense that he can’t be convicted for fraud and false claims since he gave treatment to those patients. The court reasoned that under law it doesn’t matter whether treatment was performed, if treatment was unnecessary it could still be a false claim.
7. He is not correct. Arkell said he had no control over the buildings compliances since it was the employees and contractors who didn’t fix the problems. Arkell is liable if he had the job to prevent the issues and failed to do so. Giving the task to other does not relieve him of responsibility.
12. RICO is not specified only for criminals involved in organized crime.
13. Whether forfeiture of stock was necessary, court agreed with trial jury verdict that found AHP was used by Mr. K to maintain RICO activities.
Ch 9
5. The bank can’t be held liable.
7. Maryland Heights argued radiation from Mallinckrodt damaged its property and sued for nuisance, negligence, trespass, and engaging in ultra-hazardous activities.
12. The company was not liable, and owed no further duty of care. The premature birth was not a foreseeable event.
13. If contributory negligence applies Kendra’s own inability to provide duty of care to herself voids any damages owed by Michael. If comparative negligence applies Kendra will be able to receive damaged from Michael, if Michael has a duty of care to Kendra.
Ch 39
5. The employer will most likely be in violation of the NLRA because he fired employees for trying to unionize, made public statements and threats about unionization, and these are unfair labor practices of employers prohibited by the NLRA.
7. Armenda may recover under the original commission.
12. I think the employee was wrongfully discharged.
13. Since the officer can’t expect privacy from the paging system, there is no invasion of privacy.
Ch 40
5. The employer was liable for Title VII and vicariously liable for their supervisor’s actions.
7. The hospital made a Title VII offense for firing Sylvia due to her pregnancy.
12. There was a violation of the Environmental Protection Agency because she did the same amount of work for less money.