Business Law Tort Violations

Chapter 7 Problem #17

Plaintiff Carson should recover on the lawsuit he brought against Defendant “Here’s Johnny” Portable Toilets (HJPT), Inc. for invasion of privacy, Tort of Appropriation. Defendant HJPT used Plaintiff Carson’s identifying phrase “Here’s Johnny” and a marketing slogan that “plays on words” describing Plaintiff Carson’s profession, “The World’s Foremost Commodian.” Defendant HJPT used Plaintiff Carson’s identity for commercial interests violating the appropriation tort.

The Tort of Appropriation relates to intended harm to the “Right of Dignity”, specifically, to the “Right of Publicity.” While the tort is defined as the unauthorized use of another person’s name or likeness for one’s own benefit, to apply this tort does not limit appropriation to name or likeness but any form of impersonation for commercial interest. Therefore, Plaintiff Carson can recover for violation of the Tort of Appropriation. Plaintiff Carson has an interest in his identity. His identity, his phrase and profession, was exploited for commercial interest without consent or compensation.

Additional tort violations apply to Defendant HJPT’s action. The brief mentioned that Plaintiff Carson authorized the use of his identifying phrase “Here’s Johnny” to outside business ventures. If in any of those venture contracts, the outside company has exclusive rights to the U.S. or Michigan, Plaintiff Carson could have also sued Defendant HJPT for Interference with Contractual Rights.

Chapter 8 Problem #14

Hotel owner, Fredericks, is liable for dog bite sustained by hotel guest, Vincent Zarek, on hotel property. Fredericks invited Zarek on hotel property and so has the Duty of Invitees liability. In other words, Fredericks had a duty to protect Zarek, because Zarek did not know the watchdog was dangerous. Additionally, Fredericks owns the watchdog and is liable for any actions by the watchdog.

Furthermore, Fredericks is liable for negligence, satisfying all five...