MGMT 520 Final Exam

?Question 6. 6. (TCOs A, D, E) Jane worked at the local country club pool as a lifeguard,not a swim teacher, for the summer of 2013. Jane was a public school physical educationteacher. The country club did not do a background check or confirm any references whenthey hired her. They relied on the say-so of Jane?s brother, a member of the country clubboard of directors. The country club only did a cursory Internet search of the state?sDepartment of Education website to verify that she had a valid teaching certificate. Whenone of the swim instructors unexpectedly quit one day, she took over the class. Initially,the class went well. Eventually, Jane also took over coaching the club?s competitive swimteam. When she became the swimming coach, Jane effectively stopped teaching theswim classes. Instead, she had all the swimmers in the classes do races and train forcompetitive meets during the 30 minute lessons. Jane had done this many times during thesummer. Her boss, the country club director, knew this and, as the swim team waswinning, ignored complaints from parents and students. Jane raced with the swimmersand pushed the winners out of the way when they tried to touch the side of the pool so thatJane?s team would win each time. This was not the first time that Jane had injuredswimmers. Last year, she was arrested for physically abusing a child she coached at herschool. Although the criminal charges were dropped, Jane is on administrative leave fromher public school job until an administrative hearing with the state Department ofEducation can be held in the fall. The incident was reported in several local papers, andher administrative suspension is listed on the state?s database.Several of the children, ages 6?8, reported to their parents that they had been physicallyassaulted by Jane while in swim class for not working hard enough! The children hadbruises on their shoulders. In addition, Jane began approaching an 18-year-old collegestudent who worked as a lifeguard and assisted Jane with the coaching. Over time, Jane?sadvances toward the young man became very aggressive. Jane continued even thoughthe young man asked her to stop. In fact, after the young man told Jane to stop, as he feltharassed, Jane hired another lifeguard to assist her with the coaching. The country club?director was aware of this situation, but as the swim team was winning, he took theposition that it was an interpersonal issue that the two should workout among themselves.Several parents brought suit against the local country club, Jane, and the country clubdirector. The young lifeguard has also brought suit. The local country club pool allegesthat it is not liable. Discuss the ethical, liability, and agency issues presented by thismatter, and all defenses available to the local country club pool. (Points : 30)Question 7. 7. (TCOs G and I) In the 1930s, after immigrating to the U.S. from Ireland atthe onset of World War II, Shamus and Mary McCream opened a bakery in Boston. Theyspecialized in snack cakes. McCream Cup Cakes became so popular in the area that thefamily stopped being actual bakers and became manufacturers/ food processors of thesnack cakes on a regional basis. After returning from the war, their son Steve completedcollege and began working in television advertising in the early 1950s. Steve approachedhis parents and his older brother Tom, who was now running the business, about thepossibilities of advertising and going national. The family liked the idea and beganadvertising and expanding. In addition, to fuel the expansion, they offered retailers pricediscounts and other incentives if they prominently positioned the store displays set-up byMcCream rack jobbers. By the 1960s, they were a national brand, controlling over 80percent of the snack food industry.In the 1970s, with the advent of the hippie counter-culture and the back-to-Earthmovement, a new competitor made an impact on the McCream business. The company,Healthy Snacks, began advertising that their products only used natural ingredients. Theyeven began running a commercial in which a mother and child compared their HealthySnacks with a lampooned product named Cup Cake McCrumbs, stating that it tastedlike poison and dog food! Tiny-Big- Brian, a counter-culture pop star with a late nightUHF and cable show, joined in on the controversy created by the commercial and stated?that he did not understand how people, could buy such poisonous dog food and serve itto their children as snacks! Market studies showed that McCream Cup Cakes salessuffered. As a result, McCream began a more aggressive shelf space and displaymarketing campaign to combat Healthy Snacks?s television advertising. McCream?smarketing efforts were successful. By also offering volume discount incentives, they hadprevailed upon retailers in their traditional East Coast and Midwest markets toprominently display their products. To counter this strategy, Healthy Snacks offered adeep discount to WaySafeMart, a Southwest and West Coast discount chain, in exchangefor an agreement to exclusively sell only their snack foods.In reality, McCream Cup Cakes used only FDA approved ingredients and preservativesand were made in American plants that always passed inspections. In contrast, althoughHealthy Snacks?s pilot plant was in Florida, it had subcontracted the bulk of its productionto a plant in the Dominican Republic. As a result, to maintain a level of quality, HealthySnacks used the maximum amount of preservatives allowed under the law of theDominican Republic for the imported product. The level was so high, reactions to the foodwere often reported. The levels were higher than those allowed by FDA regulations, butallowed per an agricultural import/export treaty between the United States and theDominican Republic. Several people who ate these Healthy Snacks required emergencyroom visits. A child in Georgia, with food allergy problems, even died. Her parents servedher the snack, relying on the advertising, not knowing that some of the natural ingredientsused in the Dominican Republic-made product were dangerous to her.The McCream family seeks your advice and opinion regarding:(1) Healthy Snacks?s advertising campaign.(2) The marketing and distribution campaigns both companies have engaged in.(3) The liability issues Healthy Snacks faces regarding their use of food manufacturedoutside of the United States. (Points : 30)?Question 8. 8. (TCOs A, E, F) John and Edwin Booth, brothers and actors, decide to retireafter years on the road. They remember a town in Louisiana they were familiar with fromtheir travels. From the internet, they learn of a farm a few miles outside of town thatseems ideal. There is a great house and lots of land. The brothers wish to convert the farmto a restaurant-hotel with a dinner theater. They contact the realtor by phone, and makearrangements to buy the parcel. The Booth brothers plan on traveling to Louisiana prior tothe closing to look things over, but are unable to do so due to their touring schedule. Therealtor, whose commission is technically paid by the proceeds to the seller, and who has alisting contract with the seller, advises the Booths that she will handle everything.Louisiana custom, law, and practice does not require a purchaser of land to have anattorney. The realtor does only the bare minimum needed for title to transfer to theBooths. On their behalf, she only has a minimal title search and minimal inspections aredone, and she obtains a minimal coverage title insurance policy. As the area near the farmwas once occupied by a large chemical plant, when the realtor represents local purchasers,as a precaution, she advises the buyers to get the maximum possible title search and titleinsurance, and to get all possible inspections done. It is her regular practice to cautionlocal purchasers who she represents about the former chemical plant.After closing on the property, the Booths learn of the old chemical plant. They seek youradvice as to their liability and the liability of any other parties. (Points : 30) ??.Click here to have a similar A+ quality paper done for you by one of our writers within the set deadline at a discounted?..

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