Gm520 midterm exam (3)

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GM520 Midterm Exam (3)
1. The "public comment" period closes on an OSHA proposed
regulation, and your business had filed a public comment against the
proposed regulation explaining that the regulation would not fix the
problem that OSHA was trying to remedy, that the regulation would cost
more than the problem itself, and that the regulation was a tax, not a
safety change. List two arguments available to your company that may
succeed in overturning the regulation.
1. In Midler v. Ford Motor Co., Bette Midler sued Ford for
unauthorized appropriation. Explain what appropriation is. Tell me what
type of civil claim appropriation is and what a person has to prove to
win damages for it. (short answer only)
1.
Will E. Chancit, a 36-year-old attorney, was killed when his Ford
Fairlane collided with some metal fence on the Harbor Freeway in Los
Angeles. He was traveling at a speed between 50 and 70 mph. What
happened was this: a city of Los Angeles construction crew had placed a
"left lane closed ahead" sign with a "60 mph" speed limit sign under it.
(Usual speed limit in that area 70 mph.) However, the actual closed lane
was the right lane. Speculation is that Will noticed at the last minute that
he was in the wrong lane, over corrected, and that's how he slid off the
road and hit the fence. After the collision, the car spun and the driver’s
door flew open. Chancit was ejected from the car and sustained fatal
head injuries. Had the door stayed closed, his injuries would have been
relatively minor. Chancit was not wearing his seat belt, and his wife
claims he had been up all night the night before after getting food
poisoning at the local Chi-Chi's. 1. Discuss the negligence or other
theory for recovery in the suit Chancit’s widow has brought against Ford
Motor Company, the makers of the Ford Fairlane. 2. Discuss any
defenses Ford Motor Company might have. 3. Discuss any liability the

2. City of Los Angeles may have. 4. Discuss any liability Chi-Chi's may
have.
(TCO C) Bud Johnson owns a General Motors dealership in Pierre,
South Dakota. At the request and expense of General Motors, Bud
traveled to Phoenix, Arizona, for purposes of the demonstration of a new
vehicle called the Roughrider, designed to compete against the current
offering of SUVs. Bud went to the proving grounds in the desert around
Phoenix, and spent a day watching the vehicle demonstrations. Bud and
other dealers drove the vehicles, and much dust resulted from their
driving. A few weeks later, Bud became ill with flu-like symptoms. He
was finally diagnosed as having coccidioidomycosis or "Valley Fever."
Valley Fever is a disease well known to Arizona residents, and most
have had it if they have lived there over ten years. Newcomers are
particularly vulnerable to the disease since the exposure to dust seems to
build up immunity among the residents. Bud became quite ill and
brought suit against the car manufacturer that invited him, for its failure
to warn him about the Valley Fever phenomenon before he came out to
the testing grounds. Answer the following questions, and use cases and
theories from the text to support your arguments:
1. TCO I. Marianne Jennings wrote an article, "Why an International
Code of Ethics would be good," which was assigned to be read at the
beginning of the course. As you have worked throughout this session,
you should have considered this article and how it may or may not have
impacted different situations in the world
economic/business/legal/political environments. The essay you will
write on the next question should show that you have read Marianne's
article and can apply her theories and thoughts from that article to the
scenario provided. Feel free to rely on the information you know about
the situations (if real) or analogize to another one, if you wish. Include
in your answer at least two specific concepts from Marianne's article,
and apply those concepts to your reasoning in your answer. You will be
graded on your knowledge of the article as well as the application of
ethical theories to international situations.
In 2009–10, Toyota experienced a troubling "gas pedal" sticking issue,
which impacted its global reputation and income and caused it to stagger

3. in its, until then, position as one of the top, world-wide, respected, and
best-selling car companies on the globe. Over the first few months of the
crisis, Toyota waffled on its message to its customers, both denying and
then accepting responsibility for the issue. Research into the situation
shows that the problem had been brought to its attention for a long time
and either ignored, disbelieved, or grudgingly accepted, depending on
the time and place of the issue.
For this question, think about the facts of the Toyota recall and its
impact on Toyota car owners worldwide, including the value (or loss
thereof) of customer's trade-ins, car dealer's business valuation losses,
loss in used car sales to used car dealers and owners, and also the loss of
lives and injuries to those who were grossly impacted by the gas pedal
issue. Also, think about the cost to stockholders and the other
stakeholders involved. Now think about Marianne Jenning's
international code of ethics article. Would an international code of ethics
have impacted how this entire Toyota travesty played out in the real
world? What if the "world of business" had agreed to one? Would
Toyota have been somehow required to behave differently, which would
have protected so many stakeholders from losses and people from
injury? Or, would nothing really have changed? Feel free to argue both
sides of this, and include in your answer, please, at least two or three
things you would have included (or Marianne Jennings recommended to
include) in an international code of ethics and how that would (or
wouldn't) really have impacted the Toyota crisis. Evaluate, analyze, and
synthesize your answer using everything you have learned this session
about ethics, law, politics, and business.
1. TCO D: SpongeBob is a farmer who contracted with Progresso soup
to provide 6 tons of clams worth $3000/ton to be delivered at Progresso
each month. Progresso soup needs this particular amount of clams each
month for their soup in order to meet their production expectations for
their customers. The contract contained some very lopsided provisions
that excused Progresso soup from purchasing the clams in the event of
many outlined reasons (25 pages of the contract listed out all of the
reasons why Progresso could refuse to accept the clams), but prevented
SpongeBob from selling his clams elsewhere without permission. After

4. a gulf coast oil disaster, the price of clams went up to
$8000/ton. SpongeBob delivered his clams to Progresso on time, but
Progresso (who had lost a case filed against Progresso by Campbell's
soup for infringing on Campbell's clam chowder soup recipe) refused to
accept delivery. SpongeBob requested permission to sell the clams to
Campbell's (who had just doubled their own clam chowder sales), but
Progresso refused to grant permission. The terms of SpongeBob's
contract with Progresso stated:
"In no event will Progresso's refusal to accept delivery of clams excuse
SpongeBob from being required to follow all other terms of this
contract, including the "no sale to competitors without written
permission of Progresso" clause. Progresso may withhold permission for
any reason."
Another clause says, "In the event that a court finds any portion of this
contract to be illegal or void, all other portions will remain valid and
enforceable."
Another clause says, "Progresso's liability cap on this contract is no
more than the total value of the contract as stated. No 3rd party liability
is assumed under this contract."
At the time of Progresso's refusal to grant permission, Campbells had
offered SpongeBob $8500/ton for his 6 tons of clams. Instead, the clams
rotted and had to be disposed of. An animal rights group is outraged at
the waste and blew up SpongeBob's boat, destroying it.
SpongeBob wants to sue Progresso. On what bases can SpongeBob sue,
recover and what will be his damages? What defenses does Progresso
have? Can Progresso include Campbell's in the lawsuit? Is the animal
rights group a potential party to the contract dispute? Can SpongeBob
recover for the loss of his boat against Progresso? Why or why not?
Explain fully your answer.
SpongeBob wants to sue Progresso. On what bases can SpongeBob sue,
recover and what will be his damages?
1. Case 5

5. Marianne Jennings wrote an article, "Why an International Code of
Ethics would be good." which was assigned to read at the beginning of
the course. As you have worked throughout this session, you should
have considered this article and how it may or may not have impacted
different situations in the world economic/business/legal/political
environments. The essay you will write on the next question should
show that you have read Marianne's article, and can apply her theories
and thoughts from that article to the scenario provided. Feel free to rely
on the information you know about the situations (if real) or analogize to
one which is, if you wish. Include in your answer at least 2 specific
concepts from Mariann's article, and apply those concepts to your
reasoning in your answer. You will be graded on your knowledge of the
article as well as the application of ethical theories to international
situations.
Arguably, the United States and other countries have been experiencing
one of the longest and hardest hitting economic crises since the Great
Depression over the last few years. This economic downturn is a result
of multiple things, but the housing bubble burst was one major event
which continues to ripple throughout the bank lending world. As a
result of the downturn in housing sales, foreclosures, bank lending
overvaluations, and bank failures, lending practice changes and bank
bailouts have become the norm.
The US financial crisis has not gone un-noticed in the international
world. The impact has been world-wide. The value of securities tied to
real estate fell, which damaged financial institutions globally. New rules
regarding appraisers, appraisals, and bank oversight have gone into
place, but not in time to save many investors and foreign banks from
huge losses.
Many people think that this crisis could have been avoided if better
regulations had been in place. Some feel that the US bank/lending and
borrowing ethical standards may have been partially responsible for this
downturn.
Argue for or against an ethical basis for the housing bubble collapse.
Use Marianne Jenning's article as a basis for a solution to avoiding a
future collapse such as this. Can you think of a way that an International
Code of Ethics would have helped avoid this crisis? Or could keep

6. another one from occurring in the future? What challenges would there
be in implementing ethical codes which may assist such a situation in
the future? Be sure to include specific ideas from Marianne's article,
along with your own thoughts, analysis and evaluation of this essay
question.
n you would suggest. (Points : 40)