upon the assumption that others will obey the law.” Of course, there are exceptions, particularly “where there is an especial temptation and opportunity for criminal misconduct brought about by the
188 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, ELEVENTH EDITION defendant. This exception follows from the rule that a party who realizes or should realize that his conduct has created a condition which involves an unreasonable risk of harm to another has a duty to exercise reasonable care to prevent the risk from occurring. The exact occurrence or precise injuries need not have been foreseeable. Rather, where the defendant’s conduct has created an unreasonable risk of criminal misconduct, a duty is owed to those foreseeably endangered.” What might the defendants in this case have done to satisfy their legal and ethical duties? The defendants might have easily run a search on the Web to find information about Youens. This search would likely have revealed his Web site, which would have indicated his criminal purpose. C. P RIVACY R IGHTS IN THE W ORKPLACE What is the extent of employees’ privacy rights in the workplace? II. Should Civil Liberties Be Sacrificed to Control Crime and Terrorist Activities in the Cyber Age? Traditionally, civil liberties have been guarded to the greatest extent possible, or at least protests against their restrictions have often been heard. The text notes the controversy over some provisions of the USA PATRIOT Act and the difficulty with weighing personal freedom against greater protection. III. Global Companies and Censorship Issues—Google China “Google China” is a version of Google tailored to the Chinese government’s censorship of Web sites that offer pornography, criticism of the government, or information on sensitive topics, such as the Tiananmen Square massacre in 1989. Critics are strongly opposed to Google China. A. G OOGLE ’ S R ESPONSE Google points out that the links are included—only the sites are inaccessible—but that it expects more open access in the future. B. T HE C HINESE G OVERNMENT ’ S D EFENSE The Chinese government argues that it is simply doing what other governments do. The United States, for example, has outlawed the dissemination of child pornography over the Internet. IV. Do Gun Makers Have a Duty to Warn? How should tort and strict liability apply to harm caused by guns? Would it be fair to impose this, or are the dangers “open and obvious”? Courts generally hold that gun makers do not have a duty to warn.
- Fall '09
- Business Law, web sites, Reason, New Hampshire Supreme Court