Answer: Chapter 1 – Questions 3, 7.
3. The U.S. Golf Association put a new rule (effective January 1, 2016) that prohibits players from anchoring their putters to their chest. Tim Clark, a golfer from South Africa, who has won ten championships, anchors his putter to his chest and reacted, “We are not going to roll over and just accept this. We have been put in a position where we have to fight for our livelihoods.”
Explain what source of law is involved. How can the rule be challenged? Where would the golfers go to court?
7. Around 5:00A.M. on January 1, 2004, Matthew Schmucker, who was 18 at the time, was traveling alone in a horse and buggy near the intersection of Indiana State Road37 and Notestine Road in Harlan, Indiana. He was intoxicated at the time and failed to stop at an intersection, thereby colliding with the side of a 2003 Dodge Stratus carrying David Candon and Monica Young, who is paralyzed from the neck down as a result of the accident. Schmucker was charged with being a minor in possession of alcohol and failing to stop at a through-way. Candon, Yound, and their children, who were in the car at the time of the auto/buggy collision, brought suit againstSchmucker. Schmucker declared bankruptcy and asked to be discharged from his obligations to Candon and Young. Candon and Young argued that the injury was a “willful and malicious injury by a vessel” under the bankruptcy code and was thus a nondischargeable debt. Schmucker said a horse and buggy is not a vessel.
Discuss the role of the court in this case. What would the court look into making its decision? What is the impact of the court’s decision on the ability of the family to recover for their injuries? [Young v Schmucker, 409 B.R. 477 (N.D. Ind. 2008)]
• Answer: Chapter 2 – Questions 1, 9.
1. E. & J. Gallo, the world’s largest winery, announced that it would stop selling its Thunderbird and Night Train Express wines in the Tenderloin, the skid row of San Francisco, for six months. Gallo took the action after meeting with an activist group called Safe and Sober Streets, which has asked grocers to remove the high-alcohol wine from the district, where citizens say drunks create a menace. One retailer in the district said, “If I don’t sell this, I will have to close my doors and go home.”
Discuss the actions of E. & J. Gallo and the dilemma of the retailers in the district. Be sure to discuss the type of philosophy each of them holds with respect to social responsibility and ethical dilemmas.
9. Heinz Ketchup holds 54% of the U.S. ketchup market, and nine of every 10 restaurants feature Heinz ketchup. However, Heinz has learned that may restaurant owners simply refill Heinz bottles with the cheaper ketchup, thereby capitalizing on the Heinz name without the cost. One restaurant owner explains, “It’s just ketchup. The customers don’t notice.” There are no specific health regulations that apply, and owners are not breaking the law be refilling the bottles.
Do you think this practice is ethical?
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