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Author Question: Many states require agencies for ______ to be established in writing. a. sale of boats b. sale of ... (Read 209 times)

misspop

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Many states require agencies for ______ to be established in writing.
 a. sale of boats
  b. sale of businesses c. sale of books
  d. sale of livestock
  e. none of the other choices are correct

Question 2

A QUESTION OF ETHICS
  Intel Corporation has an e-mail system for its employees. Ken Hamidi. a former Intel employee, sent a series of six e-mail messages to 35,000 Intel employees over a twenty-one-month period. In the messages, Hamidi criticized the company's labor practices and urged employees to leave the company. Intel sought a court order to stop the e-mail campaign, arguing that Hamidi's actions constituted a trespass to chattels (personal property) because the e-mail significantly interfered with productivity, thus causing economic damage. The state trial court granted Intel's motion for summary judgment, and ordered Hamidi to stop sending messages. When the case reached the California Supreme Court, however, the court held that under California law, the tort of trespass to chattels required some evidence of injury to the plaintiff's personal property. Because Hamidi's e-mail had neither damaged the Intel's computer system nor impaired its functioning, the court ruled that Hamidi's actions did not amount to a trespass to chattels. The court did not reject the idea that trespass theory could apply to cyberspace. Rather, the court simply held that to succeed in a lawsuit for trespass to chattels, a plaintiff must demonstrate that some concrete harm resulted from the unwanted e-mail.



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trog

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Answer to Question 1

e

Answer to Question 2

A QUESTION OF ETHICS
1. No, because it is an invasion of a protected interest, for which tort law provides relief. Without an injury, any damages award would be small, but an injunction could be issued to prevent future invasions. Yes, because without an injury, there is no harm, only a harmless, albeit objectionable, intermeddling, against which an owner can use reasonable force to protect his or her interest.
2. From the text's phrasing of the court's opinion, it appears that the court con-sidered the employees' productivity, or at least their time and attention devoted towards that end, not to be the employer's personal property so as to support an action for trespass to personal property. Even if such intangibles could be considered property, an employer might find it difficult to prove how much of its employees' time and attention is diverted by antagonistic e-mail.




trog

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