Write a short essay answer for each of the following six topics. Double-space,

Write a short essay answer for each of the
following six topics.
Double-space, a half-page for 1 question.
1. In a product liability claim based on strict liability, the
plaintiff must show that the product was “defective” in some way.
Describe four types of “defects” that could be the basis for a claim, and give
an example of each.
2.,
Numerous clients of a home remodeling contractor file complaints with the state
contractor licensing board about being defrauded by a particular contractor,
and the state board is considering whether to revoke the contractor’s license
because of the repeated pattern of misconduct. Explain what basic
“procedural due process” requires the state board to do before it takes action
to revoke such license.
3.
Company A and Company B are unable to pay their obligations as they come due
and will file bankruptcy cases. Company A files a bankruptcy case under
Chapter 7 and Company B files a bankruptcy case under Chapter 11. Explain
the basic differences between a Chapter 7 bankruptcy and a Chapter 11
bankruptcy, noting in particular (1) what the usual end result will be for
Company A and Company B, and (2) what the basic differences are in how general
unsecured creditors get treated in the respective bankruptcy cases.
4.
Assume that a product causes an injury to the product’s purchaser due to a hidden
manufacturing defect (the product’s internal wiring was incorrectly assembled,
causing the product to explode when it is switched on). Explain whether
(a) the retailer of the product, and (b) the manufacturer of the product can be
held liable to the injured plaintiff if (1) the plaintiff’s claim is based on
negligence, and (2) the plaintiff’s claim is based on strict liability.
5.
A trucking company pays independent truckers to transport various loads along
various routes with a 2-tiered payment formula: one amount for very
flexible delivery times and a much higher amount for faster delivery
times. For a particular route, for example, the trucker is paid $X for
transporting the load within 48 hours from pick-up to delivery, and is paid three
times that amount if it delivers within 18 hours from pick-up to delivery. To
accomplish the faster delivery time, the driver must drive essentially non-stop
for 18 hours. The company ascertains over time that the accident rate for
serious injury accidents for its drivers over all is three times higher on the
faster deliveries compared to the accident rate with the slower more flexible
deliveries. Discuss what ethical issues and legal risks the company faces
from this two-tiered payment system.
6. X. Smart Chips, Inc. is a large semiconductor manufacturer
that entered into a contract with Dandy BuildAll Contractors, Inc. to have
Dandy build a clean room and provide production equipment for the clean
room. The agreement called for $9 million in total to be paid by Smart
Chips to Dandy, in installments as progress milestones were achieved.
Dandy misjudged how much would be required to perform the contract, and about
half way through the project, when Smart Chips had already paid $5 million to
Dandy under the contract, Dandy stopped work and refused to proceed further
unless Smart Chip agreed to increase the total payments by $2 million.
Smart Chips refused to increase the payments, notified Dandy that Smart Chips
was terminating the contract because of Dandy’s alleged breach, and entered
into a contract with Excellent Contractors to finish the project for total
payments to Excellent of $6 million. Excellent finished the project and was
paid in full, but the delays resulted in Smart Chips being unable to fulfill
$500,000 in orders that it would have been able to fulfill with production from
the new clean room. Smart Chips would have had a profit of $75,000 on the
cancelled orders. Explain whether Smart Chips would likely win or lose on
a claim against Dandy for breach, and what amount of damages would likely be
awarded if it were to win on its claim. Use specific dollar amounts and explain
how you arrived at them.
7. United Shipping Company (“USC”) operates a package delivery
business similar to FedEx and UPS. 95% of USC’s driver/delivery employees are
male. USC requires applicants for these positions to take a test to demonstrate
they can lift a 200-lb box and carry it while walking briskly for 25 yards.
Assume that USC can show that there are both male and female applicants who
fail this test, that many more of its female job applicants fail this test
compared to male applicants, and that all of its male and female hires passed
this test. Two female job applicants who did not pass this test and were not
hired by USC filed a class action on behalf of female applicants claiming that
USC discriminates against women applicants for the driver/delivery jobs. What
arguments can the female plaintiffs make and what type of evidence would they
need to present to have a successful discrimination claim?