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Business Law 320 Final Paper

In: Business and Management

Submitted By vu2673dv
Words 637
Pages 3
Question 1
Jean is strictly liable if Kennel, the dog, bites Mary if Jean knew that the animal was dangerous or had a potential to be harmful to others. Since Jean is housing the dog outside in a separate building, not even in fenced yard, I would say that Jean knew Kennel was not very friendly had could possibly harm neighbors or others. Therefore, Jean is strictly liable for the dog biting Mary.

Jean is, also, strictly liable is Louis, the tiger, bites Mary. People who keep wild animals are strictly liable for any harm inflicted by the animals. If they escape, they can cause serious harm to those in the area. Therefore, with a tiger being a wild animal, especially a wild animal kept in a separate building than the main house (believes me to think it is dangerous to the owners as well), Jean is strictly liable for any harm, including bites, that Louis causes.

If strict liability is not available, Mary must show evidence of Jean having the animals and proof of her injuries. She would be showing negligence of caring for the animals. Having such animals that are harming people is negligent or lack of due care to others and the community.

Question 2
The pitfall that Caffeine would endear if exercising too much control is product liability and may be held liable under the doctrine respondeat superior for the acts of the franchisees’ employees. Too much control would be telling the franchisee where the business should be located and to hire, or how to run the day-to-day operations. Day-to-day operations are usually left up to the franchisee to decide, unless otherwise specified in the contract. Generally, the franchisor will provide some supervision and control to protect the name and reputation, such as food and products being the same.

Caffeine is a chain-style business operation. This is important because under this business style franchises are…...

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