ICT role in 21st century education and it's challenges.
Devry mgmt 597 final exam 1 new
1. DEVRY MGMT 597 Final Exam 1 NEW
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Question 1. Question : (TCO A, C) Major Media
Station, which broadcasts TV and radio programs
around the country, contracts with shock jock Don
Marco, who hosts the station’s most successful
morning drive radio program in the country: Mark
My Words. The program consists of traffic and
sports updates, interviews with sports figures and
celebrities, and Mark’s Words, which are in the
nature of rants and opinions on whatever topic of
interest the host decides to focus on, including
news articles and happenings around the country
and locally. Audience participation is encouraged
by way of phone calls to the station during the
program.
2. On more than one occasion, Mark My Words has
made national news because of controversial
statements made by the host regarding people’s
looks, religion, lack of intelligence, actions, race,
etc. In fact, the contract between Major Media
Station and Don Marco specifies that Mark My
Words is to be controversial. The greater the
controversy, the higher the audience ratings and
the higher Marco’s compensation. However, the
term controversial is not defined, although the
station manager who broadcasts Mark My Words
is responsible for activating a delay button in the
event Marco uses a word or makes comments that
would cause the FCC to fine the station.
One morning, Mark My Words featured a rant full
of derogatory sexual and racial comments about
the members of a visiting ball team that succeeded
in beating the local favored team at the
championship game. As soon as the program aired,
Major Media Station was bombarded with
complaints. Following letters to sponsors and
pressure from respected public figures, three large
sponsors cancelled their advertising contracts.
This happened in spite of the host’s public apology
in which he claimed to have just made another
stupid comment. In spite of fan protests, the
3. station terminated Don Marco’s five-year $20
million contract. The contract was in its second
year.
Marco is now suing Major Media Station for breach
of contract, and the insulted players are also suing
the station for defamation and intentional
infliction of emotional distress.
i. What arguments do you think Marco will make in
his suit against Major Media Station?
ii. In order to support his claim against the station,
Marco wishes to introduce parol evidence
regarding the term controversial. What would be
the purpose of introducing this evidence? What
arguments will Major Media Station make in
opposition to the introduction of this evidence?
Will Marco be successful in this regard, and why?
iii. As for the tort claims by the insulted players,
Major Media Station argues it has no liability, as
Don Marco is an independent contractor who is
solely responsible for his rants, and that his public
apology constitutes an admission of liability. Is
Major Media Station off the hook?
Question 2. Question : TCO B, D) Kimberly is a
general partner with Jared, Joshua, and Diane in a
4. general partnership called KJJD Partners. The
partnership operates a fast food joint called We
Nail The Burger! Each partner contributed
$100,000 to capitalize the business. The partners
hire staff to run the restaurant and stop in on
occasion for lunch. The business gets its chopped
meat from a local supplier to all the local diners.
While enjoying a beer and a burger after taking
this Final Exam at We Nail The Burger!, Patricia
bites into her burger and cracks a tooth on a fake
nail, which is now embedded in her tongue. She
gathers her classmates as witnesses, and lisping
heavily, says to the manager, “I will THUU you.”
The partners, who happen to be there for lunch,
laugh at the irony of a nail in the burger, but are
not worried about liability because they have
insurance and they have nothing to do with the
running of the place, especially ordering food and
cooking. Unfortunately, Patricia loses half her
tongue as a result of the injury, and the judgment
against the partnership exceeds the insurance
coverage and partnership capital by $1 million.
i. From whom may Patricia collect the extra $1
million in damages? How much can she collect and
why? Be sure to address the liability of Kimberly,
5. Jared, Diane, and Joshua, including the extent of
liability of general versus limited partners. Does
the fact that they employ others to run the
restaurant make a difference?
ii. Let’s say Kimberly ends up paying the excess $1
million in damages, can Kimberly collect anything
from her partner friends? Explain.
iii. Is there another type of business entity that
KJJD could have used in order to minimize
personal liability for things like this?
Question 3. Question : (TCO E, H) Simple writes
Sharp a $1,000 check and receives in return a
defective computer. The transaction from Sharp
was fraud. Tonights LLP, a CPA firm, audits the
financial documents of Sharp. Sharp then
negotiates the check to Trusty, who qualifies as a
holder in due course. Then Sharp buys back the
check from Trusty. Has Sharp, thereby, acquired
the rights of a holder in due course? What are the
responsibilities of Tonights LLP in this situation?
Question 4. Question : (TCO F, G) Your home is
burglarized. Among the stolen items is a $3,000
custom-made pendant from your grandmother.
You are heartbroken. The lead detective on the
case, Jack Clouseau, is as bad as the inspector in
6. the movies, so you circulate flyers around the
neighborhood and the local stores and pawn shops
and offer a $500 reward for information leading to
the recovery of the item, no questions asked.
Shortly thereafter, you receive a call from
Giovanni, the local pizza parlor owner telling you
he saw the local hoodlum’s girlfriend, DeeDee Flat
wearing the pendant described in your flyer. You
call the police and meet them at the pizza parlor,
where DeeDee is confronted and placed under
arrest. DeeDee claims she purchased the pendant
from the local pawnshop and is a bona fide
purchaser for value.
While this drama unfolds, Giovanni receives a
certified letter informing him that the pizza ovens
he ordered F.O.B. point of shipment from
Philadelphia were destroyed in transit. The letter
includes a bill for the ovens. Giovanni is outraged.
He never even saw the ovens and he is being billed
for them.
i. Giovanni is now claiming the reward. Does he
collect? Explain.
ii. DeeDee claims because she is a bona fide
purchaser for value, that she is entitled to keep the
7. pendant. Is she correct? Why or why not?
iii. Who is responsible for the loss of the pizza
ovens in transit the shipper or Giovanni? Explain.
Question 5. Question : (TCO C, D/G) Current
legislation limits the amount of economic-related
liabilities to be paid by a company on account of an
oil spill to $75 million. A move to amend that
legislation and raise the liability cap to $10 billion
was blocked in the Senate because Big Petroleum,
who is responsible for a recent spill has given its
word that it would cover the cost of all damages
and cleanup costs deriving from a recent oil spill in
an ecologically significant marine area that
supports a thriving fisheries and recreation
industry and is home to many endangered and
threatened marine animals and waterfowl. Big
Petroleum’s Chairman of the Board made the
statement after convening a Special Meeting of the
Board and studying videos of the damage taken by
film crews.
It is estimated that actual costs of clean up and
industry losses could even exceed the $10 billion
proposed cap. Meanwhile, other companies
involved in the oil spill have now gone to court
invoking limits on their liability as provided by
8. law.
While you sympathize with the people, animals,
and industries affected, as a stockholder in Big
Petroleum you are outraged at the decision of the
board of directors to accept full economic
responsibility for the damage when the total is
unknown. After all, there is a HUGE difference
between $75 million and billions of dollars! And,
the board even voted to pay $25 million for an ad
campaign for one state to let tourists know its
beaches are clean. Nuts! This liability could wipe
out your investment and ruin your retirement and
that of other investors, including several pension
plans that are heavily invested in Big Petroleum.
i. What kind of lawsuit would you bring and for
what purpose? Explain.
ii. What defense or defenses will Big Petroleum
invoke?
Question 6. Question : (TCO C, D, G, H) Petunia is in
the business of selling flower bulbs. Petunia’s sales
agent is Astilbe. While sales agents generally
warrant the quality of the goods they sell, Petunia
specifically told Astilbe not to make any
warranties on the bulbs she sells. Further, Petunia
9. wrote each of her customers to inform them of this
policy. About two months later, Astilbe made a
prohibited warranty in order to sell Tulip 1,000
Gladioli bulbs. Tulip was an established customer
who knew that Astilbe was acting on Petunia's
behalf and who also had been informed of
Petunia’s warranty policy, but who honestly forgot
about the policy while dealing with Astilbe and
truly thought Astilbe had authority to make the
warranty. Is Petunia contractually liable to Tulip
here? Is Astilbe liable to Tulip?
10. wrote each of her customers to inform them of this
policy. About two months later, Astilbe made a
prohibited warranty in order to sell Tulip 1,000
Gladioli bulbs. Tulip was an established customer
who knew that Astilbe was acting on Petunia's
behalf and who also had been informed of
Petunia’s warranty policy, but who honestly forgot
about the policy while dealing with Astilbe and
truly thought Astilbe had authority to make the
warranty. Is Petunia contractually liable to Tulip
here? Is Astilbe liable to Tulip?
