Overview
. 1. Identify and define the elements of negligence.
2. Under a negligence claim, please identify and define the two separate elements of causation and discuss how they are applied.
3. In most states, what defenses are available in negligence-based product liability actions? Please define each defense.
Ximena, who runs a successful real estate agency, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ximena thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the pamphlet's publisher what Ximena had done, and she was charged with copyright infringement. Ximena defended on the basis of the fair use doctrine.
4. Identify, define and discuss the four factors a court would consider in determining whether a violation occurred. Will Ximena would prevail? Explain your answer.