Business Law

In a three-page Microsoft Word Docx or rtf file format document, please respond to the three situations below.  Be thorough and complete in your responses.  Use references to support your position:

1. In 1983 Hustler magazine, owned by publisher Larry Flynt, ran a print advertisement patterned after a Campari liquor ad campaign. The real ad campaign featured celebrities “talking about their first time” in a question-and-answer interview format, slowly revealing that the celebrities were speaking about their first time drinking Campari. The Hustler advertisement featured fundamentalist preacher Jerry Falwell, who was running a campaign against pornography at the time, and insinuated that Falwell had lost his virginity to his mother. Falwell sued Flynt and the magazine, and a jury awarded Falwell $150,000 in damages. The verdict was overturned by the Supreme Court on grounds of the First Amendment, holding that as a public figure, Falwell had to endure the advertisement. [8] Do you believe that celebrities and public figures should have a harder time winning IIED lawsuits? Why or why not?

2. In January 2001 a New York man attended a family birthday party at a Benihana restaurant, where chefs, while cooking at the table, routinely throw pieces of food for diners to catch with their mouths. The man wrenched his neck while ducking a piece of flying shrimp, requiring treatment by several doctors. By that summer, doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died. The family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery, which in turn was the result of the chef’s actions in throwing food at diners. Do you believe that Benihana should be liable for the man’s death? Why or why not?

3. Is the risk of death from smoking a commonly known danger? It may be today, but in the fifties and sixties, the tobacco industry undertook an extraordinary campaign to convince the public that there was no harm in smoking cigarettes, and even suggested that smoking may have health benefits.

See HERE (Links to an external site.)Links to an external site. (Webpage) for a collection of some of the print advertising from this era. Should older plaintiffs who grew up viewing these advertisements be allowed to sue tobacco companies under strict product liability? Why or why not?

Your response should be typed, double-spaced on a standard-sized document (8.5" x 11") with 1" margins on all sides. You should use a clear font that is highly readable. APA recommends using 12 pt. Times New Roman font. Citations should be in APA format.