ITT Tech Online
BU222 – Business Law and Regulation
Dr. Carrie A. O'Hare
November 10, 2011
Week Three Assignment Project 1
If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer their waiting clients free music downloads, they are asking for trouble. In the case of BMG Music v. Gonzalez, Gonzalez thought that as long as she was “sampling” the music she could leave it on her computer without paying for it. That is not so. According to the courts, Gonzales had engaged in copyright infringement and Gonzalez had to pay $22,500 in damages to BMG (Cheeseman, 2010, p. 117). I would advise them making this huge mistake unless; they decide to pay for each download that they are providing to their waiting clients they could be breaking the law. There could be civil liability to Celia and Mary if one of their employees sexually harassed a customer. This falls under the negligence of an agent which states “in negligence of an agent, the principal is responsible because of the employment contract with the agent. In other words, if an agent acts negligently while being employed by the principal and is acting within the scope of the employment, the principal is also liable for the negligence of the agent, even though the principal did nothing negligent personally (Cheeseman, 2010, p. 474).” If Celia and Mary only hire men they could be charged with sex discrimination....