US Law Background: Springfield Sports, Inc is a sports equipment and memorabilia store in the state


US Law

Background: Springfield Sports, Inc is a sports equipment
and memorabilia store in the state of Columbia, USA Springfield Sports sells
sports trading cards and autographed photos, baseballs, bats, footballs,
jerseys and other sports equipment and clothing Homer owns 100% of the stock
in Springfield Sports, Inc, and is the President of the corporation Flanders
is the corporation’s Treasurer and Secretary and he also works at the store
Marge, Bart, Lisa and Barney are employees but do not own any stock or hold any
corporate positions Bart is a 16 year old student who works part-time at the
store

1 One day
Barney was re-stocking the shelves with heavy trophies when the shelf
collapsed All the trophies fell on Barney’s arms, and both his arms were
broken in the accident Which of the following is true about Barney’s
situation?

A If Barney
can prove that the shelves were defective, Barney can sue Springfield Sports in
the Superior Court of Columbia and recovery his medical bills, his lost wages,
and get compensation for his pain and suffering

B If
Springfield Sports can prove that Barney carelessly knocked one of the shelf
supports away right before the accident, and that Barney’s carelessness was the
proximate cause of the accident, then Barney will recover nothing from
Springfield Sports

C Regardless
of who is at fault for the accident, Barney will recover his medical bills and
a portion of his lost wages, but cannot recover compensation for his pain and
suffering

D None of
the above are true

2 After
Barney’s accident described in question 7, both his arms were put in casts and
Barney could no longer stock shelves or work the cash register, which were
essential functions of his job Which statement most accurately summarizes
Springfield Sports’ obligations to Barney until his arms heal?

A Springfield
Sports must give Barney all the time off work he needs, at full pay, to heal
his arms

B If there
are other jobs at Springfield Sports that do not require Barney to use his
arms, Springfield Sports must reassign Barney to that job until he is healed

C Springfield
Sports can make Barney take a lie detector test to see if he was drunk at the
time of the accident; if he was, then Barney can be terminated, but otherwise,
Springfield Sports has to hold Barney’s job open for him when he is healed

D Springfield
Sports can terminate Barney after the accident, and does not have to re-hire
him when his arms heal

3 Homer
spent his time away from work on his hobby, model trains His train set was
very large and consisted of rare and one-of-a-kind trains One day, while
visiting with a fellow train hobbyist Smithers, Homer said, “When I retire
in two years and sell Springfield Sports, I’m also going to sell my trains and
spend the rest of my years traveling on real trains” Homer then told
Smithers that he was the only person he planned to offer his trains to because
he knew Smithers would take good care of them Smithers said he looked forward
to the day when he could buy the trains Smithers then spent the next two years
and most of his savings building a new 2,000 square foot room onto his house to
make room for the trains When Smithers told Homer that he was building the new
room, Homer smiled and said nothing to stop Smithers from proceeding with his
plans Homer also heard that Smithers had borrowed money from his elderly aunt
to buy the trains However, halfway through construction of his new “train
room,” Homer was going to give the trains to Barney because he felt bad
about Barney’s accident Which of the following statements is most accurate
regarding Smithers’ rights?

A Smithers
can use the legal theory of promissory estoppel to force Homer to sell the trains
to him instead of giving them to Barney

B Smithers
cannot stop Homer from giving the trains to Barney, but he can sue Homer for
breach of contract to recover the value of the trains

C Smithers
can sue Barney for interference with prospective economic advantage for the
value of the trains

D Smithers
has no plausible causes of action in this scenario

4 Mr
Burns, a local industrialist, heard about how successful Springfield Sports was
(despite its occasional legal problems), and approached Homer with an offer
Mr Burns wanted to open up two new locations in nearby Shelbyville and Capitol
City Mr Burns said that he would give Homer 40% of the profits from the
stores in Shelbyville and Capitol City if he could use the name
“Springfield Sports” and a picture of Homer’s face in the
advertisement of those two stores Homer said yes, that sounded good to him
Mr Burns opened up the stores, and two months later presented Homer with a
check for $500, saying that was 40% of the profit that the two stores had
generated to date Homer was disappointed but cashed the check Later, he found
out that the stores had actually made over $50,000 in profit during those two
months If Homer sues Mr Burns, which of the following causes of action can
Homer reasonably anticipate will succeed?

A Breach of
fiduciary duty

B Fraud

C Breach of
contract

D All of
the above

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