Week 6 Learning Activities

Week 6 Learning Activities

Learning Activity #1

Josh Graham was the manager of a small grocery store that carried Kellogg’s projects. Mark Singer had been hired by Kellogg’s as a cereal salesman-trainee. Mr. Singer was assigned his own territory, which included Mr. Graham’s store. Mr. Singer came to Mr. Graham’s store to place previously delivered merchandise on the shelves. An argument developed between the two over Mr. Singer’s service to the store. Mr. Singer became very angry and started swearing. Mr. Graham told him to either stop swearing or leave the store because children were present. Mr. Singer then became uncontrollably angry and said, “I ought to break your neck.” He then went behind the counter and dared Mr. Graham to fight. When Mr. Graham refused, Mr. Singer viciously assaulted him, after which he threw merchandise around the store and left.

Is Kellogg’s liable for Mr. Singer’s actions? Why or why not? In your response, you should discuss in detail agency relationship.

Learning Activity #2

Shirley Jones entered into a 5- year employment contract with Microsoft that in return for a salary, she would assign to the company any inventions she made. When the 5-year employment contract expired, Jones continued to work for Microsoft but no new contract was negotiated concerning either pay or rights to inventions. During the next 10 years, Jones invented a number of new products, which were all developed in the company’s office and plants at the company’s expense.

After Jones suddenly died, her husband claimed the rights to the inventions and sued the company, which had used the inventions, for patent infringement.

Should Mr. Jones prevail over Microsoft? Why or why not? What doctrine applies to this situation? Explain the doctrine.

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