Legal Environment of Business

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Date Submitted: 06/30/2012 01:55 PM

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1) I believe Mr. Margareiter was intoxicated and he met his fate outside. The story said he was a found severely beaten and unconscious in a parking lot three blocks from the monteleone. The hotel is not liable because he was found 3 blocks away, unless he was seen being dragged from the hotel and left three blocks away ( which didn't happen) and no one did anything about it when they had knowledge of it.

2) This is important evidence to determine if Ms. Dolph was telling the truth. Wal-Mart should appeal because she could be lying about the hollering.

3) No the opinion is not protected by the first amended because they broke the rule when they mentioned her last name. No it does not make a difference that she was working at a competing radio station at the time of the incident.

4) Yes Ms. Tom could recover for her injuries because she fell in the store. They should have been checking periodically to make sure that the floor is clean.

5) The boxes could have moved while driving, they could always argue that. Mr. Hardesty should have checked the load before he left thought. But I do believe it was the people who packed the truck's fault for not packing it correctly. I think Mr. Hardesty should prevail.

Case 8.3

Facts:

The plaintiff who attended Livingston Middle School, was molested  and sexually touched in 1992 by Mr. Robert Gadams, an assistant principal at the school. The school was accused for writing letters for a teacher the knew committed such acts with students.

Issues on appeal: 

Under CA law, does negligence arise from non-disclosure of past sexual misconduct when a teacher sexually assaults a student at a new school after being hired due to letters of recommendation not explaining his resignations and allegations of sexual misconduct?

Decision:

The schools had a duty to inform the hiring school of those qualities that could possibly cause harm to a third party.

Case 8.4