Empire College School of Law
Professor Stogner
Spring 2006
April 20, 2006
Torts Final Exam
Question #1
(One Hour)
Aco, Inc. manufactured electric guitars. The corporation designed a new model it called “The Battle Ax,” which resembled a medieval chopping weapon. Aco’s sales brochure advised that “The Battle Ax is ideally suited for the attacking techniques of the high energy, heavy metal thrasher.”
Aco’s marketing department came up with a sales strategy. An Aco executive with a tiny cell phone camera got backstage at a “Shredding Buck Vuckets” concert, admitted himself into the private dressing room of lead singer and lead guitar player Buck Vuckets, plugged “The Battle Ax” he was carrying into a big amp and thrust “The Battle Ax” into Vuckets’ hands. “Give it a thrash,” the executive implored, and Vuckets complied, violently strumming the guitar as the executive secretly snapped Vuvkets’ picture while pretending to send a text message.
Unfortunately, Vuckets strummed so hard that two small wires inside the guitar that had not been properly affixed to their brackets came into contact and a jolt of electricity shot through the guitar and delivered a shock to Vuckets, who staggered back in agony and fell into the wall, knocking himself unconscious. The accident caused cancellation of that night’s concert and the loss of $68,000.00 of income to Vuckets.
Two weeks later Aco began airing television commercials.
In the commercials, one of the Aco executive’s secretly taken pictures – a blurry, still photo of an arguably unrecognizable Vuckets staggering backward with “The Battle Ax” in his hands and grimace on his face – was displayed, while an unknown singer whose voice sounded very much like Vuckets’ sang “The Battle Ax is shocking, is shocking, is shocking” over and over again in that distinctive, high pitched twang that was Vuckets’ signature sound.
What causes of action does Buck Vuckets have against Aco, Inc. and what are Aco, Inc.’s defenses, if any? Discuss.