BUGusa, Inc., Worksheet
Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions.
Scenario: WIRETIME, Inc., Advertisement
Has WIRETIME, Inc., committed any torts? If so, explain.
WIRETIME, Inc. committed a written defamation as libel tort. A defamation statement was made when WIRETIME, Inc. placed an ad in a magazine stating that BUGusa, Inc. recording devices were low quality and did not work reliably for more than 1 month. WIRETIME, Inc. attacked BUGusa, Inc. reputation and honesty as a company, by imposing false statements.
Scenario: WIRETIME, Inc. (Janet)
Has WIRETIME, Inc. committed any torts? If so, explain. In this scenario WIRETIME, Inc. committed a business competition tort. WIRETIME, Inc. contacted Janet and asked her to work for them as their research and development head. Janet informed them that she has an employment contract with BUGusa, Inc. that is valid for another two years and states that Janet is not to work for another competitor during that time whether not she is fired or chooses to resign. WIRETIME, Inc. responded by offering Janet a ten percent increase in her salary and a signing bonus. Janet accepted the offer and resigned at BUGusa, Inc. This is a tortious interference with existing contractual relationship because WIRETIME, Inc. induces Janet to break an existing contract with BUGusa, Inc. leaving Janet liable for any damages suffered by the innocent as a result of breaking the contract.
Scenario: WIRETIME, Inc. (Steve and Walter)
Discuss any liability BUGusa, Inc., may have for Walter’s actions.
In this case BUGusa, Inc. committed the false imprisonment tort. BUGusa, Inc. is liable for the actions of their security guard Walter, because he did not have the right to detain Steve. The merchant’s privilege law states that a suspected shoplifter could be detained for a short period to try to obtain the stolen merchandise. However, Walter should not have detained Steve and questioned him about working for another company. Walter also violated the coercion tort, because he tried to obtain a confession and threatened to hurt Steve if he did not give Walter the information he wanted.
Scenario: BUGusa, Inc., Plant Parking Lot
What defenses may be available to BUGusa, Inc.? Explain your answer.
According to (Melvin, 2011, p. 208), “negligence is an accidental (without willful intent) event that caused harm to another party.” In this case, the negligence committed was failure to employ proper security for its premises by BUGusa, Inc. The vendor who was robbed can argue that BUGusa, Inc. should have hired security and kept up with the light fixtures in effort of maintaining a well-lit area. The recent vandalism and robberies in the area should not have been taken lightly by the company and they should have exercised proper precautionary measures. BUGusa, Inc. can argue that there was an assumption of risk on the vendor’s part before walking in to the parking lot; the recent crimes committed in the area were public news so it was well known throughout Shady Town. Therefore the