Jack is a trucker who makes his living moving modular homes. This is a dangerous business in that the portions of the houses, when on the truck, are wider than the road lanes. Also, Jack frequently has to travel much more slowly than the other vehicles

on the road. One day Jack, on his way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels. When Jack swerves to avoid a bicyclist, the High Museum truck runs off the road and tumbles down an embankment. No one is harmed, but the painting exhibit being transported is damaged. Discuss the various theories of negligence that might be applied here and why they would be appropriate.


The first question that needs to be addressed is whether the plaintiff would be successful using the strict liability theory or if simple negligence would be appropriate. In discussing strict liability the student must articulate that Jack was involved in an abnormally dangerous activity. The elements of what constitutes an abnormally dangerous activity would need to be discussed. The student should discuss (a) the high degree of risk or harm involved and (b) that the activity is not common.
In discussing simple negligence the question becomes whether meeting the museum exhibit truck was foreseeable and whether the museum assumes any risk. The bicyclist may be discussed in the context of whether he would be considered a superseding cause.

Business

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This question contains two parts; be sure to answer both. First, list the four devices for stimulating constructive conflict. Next, suppose that you own a small hardware store in the downtown area. You have watched your business get drained away by huge retailers like The Home Depot and Lowe's. You decide you want to "explode" your business model and make some drastic changes. Explain how you would use two of these devices within your organization to brainstorm a way to remain in business and return to profitability.

What will be an ideal response?

Business

Dominant defensiveness is characterized by submissive behavior.

Answer the following statement true (T) or false (F)

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One way leaders can prevent social loafing is by ______.

A. having a large team to pick up the extra work B. waiting for the problem to resolve itself C. setting meaningful goals D. explaining norms

Business

A staff department or unit is one directly involved in the basic objective of the organization

Indicate whether the statement is true or false

Business