Chapter 9
3. Turner Company owned and operated a cable television business. The company owned more than 780 miles of feeder cable. The cable was annexed to telephone poles owned by BTT Telephone Company under a lease that required removal of the cable if BTT should need the space for its own service needs. Butte County assessed the Turner Company cable as real property because it is properly classified as a fixture. Is the county correct? Why?
A fixture is defined as personal property that has become attached or annexed to real estate; a fixture generally is treated as part of real estate. There are certain things considered when determining whether or not the item will be considered ...view middle of the document...
In the particular case involving hotels, the law has opposed liability as a matter of public policy due to the nature of the business; Innkeeper and employee had easy access to the rooms. Most states have statuses pertaining to hotel or motel operator liabilities. Most of these statuses provided that if the operator appropriately notifies guest that a safe or lockbox is maintained for their use then there is no liability if the guest has items that are stolen. Similarly, in this particular case, the liability would fall on the guest who left his items in the backseat of his car. There is no liability for consequential damages that may flow from the loss property.
8. Ashley works for Mckennel and Associates, a large business consulting firm. ABC Company has developed, according to industry sources, a new process of building low-emission, high mileage gas engines for automobiles. XYZ, a competitor of ABC, hires Ashley to write a report about the manufacturing process developed by ABC. Can Ashley photograph the ABC factory using a long lens? Can Ashley call the ABC plant manager and ask questions? What if plant manager answered the questions in detail? Could Ashley simply ask for a tour of the plant without detailing why she wanted the tour? If Ashley were allowed to tour the plant, what conclusion might you reach? Discuss.
Intellectual property is defined as the type of intangible personal property created through the intellectual process. There are usually four types of intellectual property: patents, trademarks, copyrights, and trade secrets. Mckennel and Associates could file a lawsuit against Ashley for trade secret infringement if she were to act upon revealing the trade secret to a competitor company. A successful lawsuit will be brought upon an individual or an entity that acquired a trade secret by improper means or through a breach of confidentiality. A trade secret that has been infringed upon is typically entitled to injunction prohibiting the infringer from using the innovation or type of trade secret. In addition, monetary and punitive damages are appropriate if misappropriation is considered malicious.
9. Josiah is ninty-eight years old who employed Fred, a certified care giver, twelve...
