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.
By Wiretime, Inc. placing the advertisement in a well-known industry magazine stating that Bugusa, Inc.’s electronic recording devices are low quality and do not work more than 1 month, they have committed an international business-related tort of defamation. Unless there is truth to this advertised statement, this statement could damage BUGusa’s reputation and sales. If this is Wiretime’s pure opinion then the statement is not defamatory. Yet, Wiretime did disseminate the statement to a third party, everyone that reads the magazine and specified information about a particular business and their product. If BUGusa can prove their product does last more than a month and BUGusa suffers pecuniary harm, then BUGusa may file suit against Wiretime.
Scenario: WIRETIME, Inc. (Janet)
Has WIRETIME, Inc. committed any torts? If so, explain.
For this scenario Janet is presently employed at BUGusa, Inc. Janet is a contractor for the company and has two years left under her contract. Her contract states she is not allowed to work for any of BUGusa Inc.’s competition whether she quits or gets fired. While under contract at BUGusa, Inc. Janet was offered a position at WIRETIME, Inc., one of the competitors of BUGusa, Inc. Janet did share her contract details with WIRETIME,
Inc. and both WIRETIME, Inc. and Janet ignored what was in the contract. Janet quit her position at BUGusa, Inc. and accepted the job offer at WIRETIME, Inc.
Since WIRETIME, Inc. and Janet ignored the details of her contract with BUGusa, Inc. WIRETIME, Inc. committed negligence and international torts. In the international torts WIRETIME, Inc. committed the act of Tortious Interference, which consisted of existing contractual relationship, since WIRETIME, Inc. knew of Janet’s contract with BUGusa, Inc. The offer WIRETIME, Inc. made to Janet made her want to leave BUGusa, Inc. and breach her contract. WIRETIME, Inc. will gain the benefit of having Janet as an employee and BUGusa, Inc. will need to look for another employee.
BUGusa, Inc. has suffered damages and breach of contract under the negligence tort of WIRETIME, Inc.
Scenario: WIRETIME, Inc. (Steve and Walter)
Discuss any liability BUGusa, Inc., may have for Walter’s actions.
When Walter threatened to harm Steve, he committed the tort of assault.
Walter might also be sued for false imprisonment holding Steve in a soundproof room for 6 hours and questioning him is unreasonable. If the police were called, Walter could have held Steve until the police arrive.
BUGusa is liable for Walter’s actions under “vicarious liability” an employer are responsible for its employees’ actions while employees are performing their normal course of duties.
Scenario: BUGusa, Inc., Plant Parking Lot
What defenses may be available to BUGusa, Inc.? Explain your answer.
In any parking lot of a company if there is a crime committed while there are employees or an employee is on duty most of the time the employer is liable for what happens to the employee/ employees on company time. Considering the light was out on the loading dock and there was no one there to assist the delivery person, I think that BUGusa is liable for the unfortunate events that happened. The company should try to make sure that there are enough lights to keep everything safely lit and visible. They are certain risks because they are held liable for any unlawful acts regardless of intent or willfulness. To avoid something like this from happening BUGusa should have…