Business Law 1 – Week 9 Short Answer Home Work Question

Christensen Shipyards built a 155-foot yacht for Tiger Woods at its Vancouver, Washington, facilities. It used Tiger’s name and

photographs relating to the building of the yacht in promotional materials for the shipyard without seeking his permission. Was this a

right of publicity tort because Tiger could assert that his name and photos were used to attract attention to the shipyard to obtain

commercial advantage? Did the shipyard have a First Amendment right to present the truthful facts regarding their building of the yacht

and the owner’s identity as promotional materials? Does the fact that the yacht was named Privacy have an impact on this case? Would it

make a difference as to the outcome of this case if the contract for building the yacht had a clause prohibiting the use of Tiger’s name

or photo without his permission?

6. A Barberton Glass Co. truck was transporting large sheets of glass down the highway. Elliot Schultz was driving his automobile some

distance behind the truck. Because of the negligent way that the sheets of glass were fastened in the truck, a large sheet fell off the

truck, shattered on hitting the highway, and then bounced up and broke the windshield of Shultz’s car. He was not injured but suffered

great emotional shock. He sued Barberton to recover damages for this shock. Barberton denied liability on the ground that Schultz had not

sustained any physical injury at the time or as the result of the shock. Should he be able to recover? [Schultz v. Barberton Glass Co.,

447 N.E.2d 109 (Ohio)]

Hegyes was driving her car when it was negligently struck by aUnjian Enterprises truck. She was injured, and an implant was placed in her

body to counteract the injuries. She sued Unjian, and the case was settled. Two years later Hegyes became pregnant. The growing fetus

pressed against the implant, making it necessary for her doctor to deliver the child 51 days prematurely by Cesarean section. Because of

its premature birth, the child had a breathing handicap. Suit was brought against Unjian Enterprises for the harm sustained by the child.

Was the defendant liable? [Hegyes v. Unjian Enterprises, Inc., 286 Cal. Rptr. 85 (Cal. App.)]