An Acetylene Torch

Please review key terms at the end of the chapter and answer questions 3, and 4 at the end of chapter 8 and questions 1, and 6 at the end of Chapter 9 in the eText.

Chapter 8

3. Baker and others entered a Wal-Mart store shortly after 3:00 A.M. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever left the store. Is there enough intent and action for a crime? [Tennessee v. Baker, 751 S.W.2d 154 (Tenn. App.

4. Gail drove her automobile after having had dinner and several drinks. She fell asleep at the wheel and ran over and killed a pedestrian. Prosecuted for manslaughter, she raised the defense that she did not intend to hurt anyone and because of the drinks did not know what she was doing. Was this a valid defense?

Chapter 9

1. Christensen Shipyards built a 155-foot yacht for Tiger Woods at its Vancouver, Washington, facilities. It used Tiger’s name and photographs relating to the building of the yacht in promotional materials for the shipyard without seeking his permission. Was this a right of publicity tort because Tiger could assert that his name and photos were used to attract attention to the shipyard to obtain commercial advantage? Did the shipyard have a First Amendment right to present the truthful facts regarding their building of the yacht and the owner’s identity

as promotional materials? Does the fact that the yacht was named Privacy have an impact on this case? Would it make a difference as to the outcome of this case if the contract for building the yacht had a clause prohibiting the use of Tiger’s name or photo without his permission?

6. A Barberton Glass Co. truck was transporting large sheets of glass down the highway. Elliot Schultz was driving his automobile some distance behind the truck. Because of the negligent way that the sheets of glass were fastened in the truck, a large sheet fell off the truck, shattered on hitting the highway, and then bounced up and broke the windshield of Shultz’s car. He was not injured but suffered great emotional shock. He sued Barberton to recover damages for this shock. Barberton denied liability on the ground that Schultz had not sustained any physical injury at the time or as the result of the shock. Should he be able to recover? [Schultz v. Barberton Glass Co., 447 N.E.2d]

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