Professional Documents
Culture Documents
Nineteenth Edition
Daniel R. CAHOY
Professor of Business Law and Dean’s Faculty Fellow,
Pennsylvania State University
Peter J. SHEDD
University Professor Emeritus of Legal Studies, University of Georgia
Published by McGraw Hill LLC, 1325 Avenue of the Americas, New York, NY 10121. Copyright © 2022 by
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1 2 3 4 5 6 7 8 9 LWI24 23 22 21
All credits appearing on page or at the end of the book are considered to be an extension of the copyright page.
Names: Pagnattaro, Marisa Anne, 1961- author. | Cahoy, Daniel R., author. |
Magid, Julie Manning, author. | Reed, O. Lee (Omer Lee), author. | Shedd, Peter J., author.
Title: The legal and regulatory environment of business / Marisa Anne
Pagnattaro, Josiah Meigs, Distinguished Teaching Professor of Legal
Studies, University of Georgia; Daniel R. Cahoy, Professor of Business Law
and Dean’s Faculty Fellow, Pennsylvania State University; Julie Manning
Magid, Professor of Business Law, Indiana University; O. Lee Reed,
Emeritus Professor of Legal Studies, University of Georgia; Peter J. Shedd,
University Professor Emeritus of Legal Studies, University of Georgia.
Description: Nineteenth edition. | New York, NY : McGraw Hill LLC,
[2021] | Includes index.
Identifiers: LCCN 2020027610 (print) | LCCN 2020027611 (ebook) | ISBN 9781260734287 (hardcover) |
ISBN 1260734285 (bound edition) | ISBN 9781264125814 (loose-leaf edition) | ISBN 126412581X
(loose-leaf edition) | ISBN 9781264125838 (ebook)
Subjects: LCSH: Trade regulation--United States. | Commercial law--United States. | Industrial laws
and legislation--United States. | LCGFT: Textbooks.
Classification: LCC KF1600 .C6 2021 (print) | LCC KF1600 (ebook) | DDC 346.7307--dc23
LC record available at https://lccn.loc.gov/2020027610
LC ebook record available at https://lccn.loc.gov/2020027611
The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a website does
not indicate an endorsement by the authors or McGraw Hill LLC, and McGraw Hill LLC does not guarantee the
accuracy of the information presented at these sites.
mheducation.com/highered
Daniel R. CAHOY
Dan Cahoy is a Professor of Business Law, Dean’s Faculty Fellow and Research
Director of the Center for the Business of Sustainability in the Smeal College of
Business at The Pennsylvania State University. He is a registered patent attorney,
with a J.D. from the University of New Hampshire School of Law and a B.A. from
the University of Iowa. Prior to joining Penn State, Professor Cahoy was a litigator
at an intellectual property firm in New York City, where he specialized in pharma-
ceutical and biotechnology cases. He is the author of numerous scholarly articles
on technology law, regulatory policy, and sustainability, and he received a Fulbright
Pennsylvania State University Scholarship in 2009 to serve as the Visiting Chair in International Humanitarian
Law at the University of Ottawa. Professor Cahoy is a former Editor in Chief of the
American Business Law Journal and IDEA: The Journal of Law and Technology. He
has also held various leadership positions in academic organizations including serv-
ing as the President of the Academy of Legal Studies in Business.
iv
Peter J. SHEDD
Peter Shedd is the University Professor Emeritus of Legal Studies in the Terry Col-
lege of Business at the University of Georgia where he received his B.B.A. and J.D.
degrees. He also has been a Visiting Professor in the Ross School of Business at
the University of Michigan and the Warrington College of Business at the Univer- Peter Shedd
sity of Florida. Professor Shedd has extensive experience as a teacher, researcher,
administrator, and author of business-related texts. His teaching of undergraduate
and MBA courses has earned Professor Shedd numerous teaching awards including
being named a Josiah Meigs Distinguished Teaching Professor. Professor Shedd is a
member of the Academy of Legal Studies in Business and its Southeastern Regional.
He served as national president during 1999–2000. Professor Shedd is a member
of the State Bar of Georgia and is an experienced arbitrator and mediator. In 2020,
Professor Shedd was honored by the University of Georgia Alumni Association with
their Faculty Service Award.
preface
T
his nineteenth edition continues the long, rich tradition of our commitment
to presenting timely examples and cases that underscore the relevance of the
law for business. We are passionate about helping students understand the
importance of the legal and regulatory environment of business. Our goal is to make
this text accessible, and we hope that they will embrace the study of the law with
enthusiasm. In this preface, we strive to highlight themes, additions, and pedagogical
devices—including important electronic features—that are key to this edition.
resolution: courts, litigation, and alternative dispute resolution. Lastly, this first part
includes a chapter on the U.S. Constitution (including the Commerce Clause) and
its fundamental role in the legal system for business.
Part Two consists of basic legal principles, incorporating eight chapters: property,
contract formation, contractual performance, torts, intellectual property, international
law, criminal law, and business organizations. These chapters are designed to help stu-
dents learn basic legal principles, as well as how to identify them in business contexts.
Part Three details the regulatory landscape for business. Five chapters cover
essential regulatory aspects of business: the regulatory process, antitrust, financial and
securities regulation, privacy and consumer protection, and environmental regulation.
The final section, Part Four, contains three chapters pertaining to the employer–
employee relationship: discrimination, employment laws (including agency), and the
labor–management relationship.
Taken together, these chapters should provide students with a comprehensive,
yet accessible, sense of the laws and regulations crucial for companies doing busi-
ness in the United States.
WHAT’S NEW
PART ONE
Chapter 1 Law as Foundation for Business
• Edited the Introduction to incorporate new themes for the text, including sus-
tainability, integrity, and corporate social responsibility.
• Updated Sidebar 1.1, adding information about Wells Fargo to underscore the
kind of liability that can result from a lack of integrity.
• Added new Sidebar 1.2 about the importance of lawyers in the boardroom.
• Updated Sidebar 1.3 with information from the AmCham China 2019 Climate Survey.
• Updated Sidebar 1.4 with a new example involving a $1 billion scandal at Gold-
man Sachs.
• Replaced Sidebar 1.5 with a new topic about the enforceability of corporate
social responsibility.
Chapter 2 Ethics in Decision Making
• Added discussion in introduction about the Business Roundtable Statement
calling for fair and ethical treatment of suppliers.
• Added new Learning Objective 2-1 about ethical challenges facing business in
the 21st century.
• Added new subsection “Modern Ethical Challenges in Innovation and Technol-
ogy” addressing artificial intelligence.
• Added information about FTC fine for violations of user privacy against Facebook.
• Added 2018 National Business Ethics Survey results.
• Added new Sidebar 2.3 “Facebook Tackles Fake News.”
• Updated Hertz standards of business conduct.
• Updated Sidebar 2.7 with Boeing Code of Conduct.
vii
Chapter 3 Courts
• Updated the federal caseload statistics in Sidebar 3.1.
• Updated Sidebar 3.3 with new examples.
• Sidebar 3.4 updated with the 2018 term stats.
• Updated the statistics in Sidebar 3.5 and added information about 5-4 Supreme
Court decisions.
• Revised Sidebar 3.6, adding information about the role of the chief justice.
• Updated Sidebar 3.7 with information about the process of selection of a
Supreme Court justice.
• Updated Sidebar 3.8 with new information about how business fares in the Rob-
erts Court.
• Updated Sidebar 3.9.
• Updated Sidebar 3.11 with new information about the Supreme Court justices.
• Added new Case 3.1 Iancu v. Brunetti and commentary in the text, replacing
Spokeo, Inc. v. Robins. The corresponding Case Briefing in Appendix I has
been updated as well.
Chapter 4 Litigation
• Added a new Case 4.1 Juliana v. United States regarding standing to sue related
to climate change.
• Updated Sidebar 4.3 adding information about Paul Ceglia.
• Added a new example to Sidebar 4.4 about allegations regarding Apple and throttling.
• Updated Sidebar 4.5 with new cases including major securities-related class
action cases, Facebook litigation, and a class action related to a data breach.
• Revised Sidebar 4.7 with a new example related to discovery abuse.
• Updated Sidebar 4.8 adding commentary about big data being used to predict lawsuits.
• New Sidebar 4.10 with examples of frivolous lawsuits.
• Added new examples to Sidebar 4.11 about social media and jurors.
• Updated Sidebar 4.15 with new information about cameras in the courtroom,
including Congressional testimony by Justices Kagen and Alito.
Chapter 5 Alternative Dispute Resolution
• Updated conflict example to reflect modern global office culture.
• Updated marginalia concerning number of tort cases settled out of court.
• Replaced Sidebar 5.4 referencing trends in arbitration including #MeToo and
Uber agreement examples.
• Replaced Sidebar 5.11 with a summary of four recent Supreme Court rulings
developing arbitration law.
Chapter 6 The Constitution
• Added a new Sidebar 6.3 with the case involving the sale of wine and spirits in
Tennessee as an example of litigation related to the Commerce Clause.
viii
• Updated Sidebar 6.4 with information about the kinds of acts that can jeopar-
dize tax-exempt status.
• Updated Sidebar 6.7 with an example from the 2020 Superbowl and a FCC fine
involving Jimmy Kimmel.
• Updated Sidebar 6.9 with a new case involving the First Amendment and a rap artist.
• Updated Sidebar 6.10 with new 2020 label on cigarette packaging and issues
related to vaping.
• Updated Sidebar 6.12 regarding the Second Amendment.
• Updated information about the Oberfeld case.
• Clarified information about the levels of scrutiny.
PART TWO
Chapter 7 Property
• Updated Sidebar 7.4 to address recent Supreme Court case on intangible
property.
• Updated Sidebar 7.5 to address current drone use and include current references.
• Added new Case 7.1 Briggs v. Southwestern Energy Prod. Co. and commentary
in the text, replacing Coastal Oil v. Garza.
• Added Sidebar 7.9 on property rights impact of light, odor and noise.
• Added Sidebar 7.10 discussing how property restrictions contribute to sustainability.
Chapter 8 Contract Formation
• Added Sidebar 8.7, Overcharging into Invalidity to address contractual issues
related to price gouging.
• Updated Sidebar 8.8 to reflect new legislation regarding non-compete covenants.
• Added Sidebar 8.9 to address truth in sustainability advertising and greenwashing.
Chapter 9 Contract Performance and Breach
• Replaced Sidebar 9.1 to more broadly address the judge’s role in interpreting
contracts and highlight recent case.
• Added section on Force Majeure clauses as excuses for non-performance.
• Added Sidebar 9.4 to address when a global pandemic will be considered a
Force Majeure.
Chapter 10 Torts
• Added a definition for business invitee.
• Revised Trespass section to distinguish trespass from business invitee.
• Added new marginalia about defamation on web pages that allow comments.
• Added new marginalia describing 2019 defamation claim filed against Amazon’s
Jeff Bezos.
• New Sidebar 10.2 addressing Section 230 of the Communications Decency Act
and Trump Administration Executive Order.
ix
xii
xiii
• Replaced Sidebar 22.5 with information about Kickstarter, the first technology
company to unionize.
• Update statistics regarding state right-to-work laws.
Authorship Team
One of the strengths of this text is its continuity of authorship and the coordina-
tion among the authorship team. Marisa Pagnattaro, who joined the team on the
fourteenth edition, continues to lead the authorship team. Dan Cahoy (who began
on the sixteenth edition) and Julie Manning Magid (who joined on the seventeenth
edition) have played a significant role in shaping this edition. Peter Shedd, who has
long been a steward of the text, joined the book as a co-author on the eighth edition
in 1990. Although he is no longer part of the authorship team, we want to recognize
Lee Reed who joined the team in 1977 on the fourth edition.
Acknowledgments
We want to thank a number of people who contributed to the nineteenth edition. We
greatly appreciate the efforts of our team at McGraw-Hill, especially Tim Vertovec and
Kathleen Klehr. We greatly appreciate their support of the authorship team and the
continued development of new electronic features of the text. We are also grateful to
all of the regional sales team representatives for their enthusiastic marketing support.
The following colleagues gave of their time and provided insight during the
review process. For their expert comments and suggestions, we are most grateful.
xiv
Finally, we thank all of the professors and students who have used or are using
our text. Your feedback continues to be important. Please feel free to share your
thoughts with us. Your feedback also may be sent to The McGraw-Hill Companies.
xv
guided tour
This nineteenth edition continues the reputation of our prior editions for having many
valuable teaching elements. The following list highlights the various pedagogical tools in
this edition:
SmartBook®
SmartBook® makes study time as
productive and efficient as possible.
SmartBook identifies and closes
knowledge gaps through a continu-
ally adapting reading experience that
highlights portions of the content
based on comprehension. Students
have a visual representation of the
areas in which they have demon-
strated understanding, as well as
areas in which they need to focus.
The result? More confidence, better
grades, and greater success.
Interactive Applications
Interactive Applications like “drag
and drop” and “comprehension case”
help students apply important con-
cepts they learned in each chapter.
These engaging materials are assign-
able and auto-gradable, so students
receive feedback on their work
immediately.
xviii
First Pages
704 Appendix I
in its decision; also to ask a higher court to review Procedural History This case was brought
Business Law
(decide) Case Repository
the case. as a class action in the U.S. District Court for the Central
dissent To disagree with both the result and the legal District of California, claiming (among other things) that
The Case Repository is a collection
reasoning of the majority opinion. Spokeo willfully failed to comply with the requirements
of cases from previous editions and
opinion The court’s decision in a case. of the Fair Credit Reporting Act. The District Court ini-
the current edition, accessible and tially denied Spokeo’s motion to dismiss the complain
assignable in Connect.
petitioner Cases
The losing can
party in the court of appeals
for lack of jurisdiction. Upon reconsideration of the
who asks
be selected based(i.e.,on“petitions”)
Topic, Type, the orSupreme Court to
motion, the district court dismissed the complaint with
State. decide whether the lower court made a mistake. prejudice holding that Robins had not properly pleaded
respondent The prevailing party in the court of “injury in fact.”
appeals who is responding to the petitioner. The Court of Appeals for the Ninth Circuit reversed,
reversed What an appeals court says when it dis- holding that Robins adequately alleged an injury in fact.
agrees with the court beneath it. If it agrees with the The case was then appealed to the U.S. Supreme Court.
lower court, it says “affirmed.”
Issue Appealed The key issue on appeal was:
Test Bank
Instructors can test students’ mastery of concepts as the instructors create exams with the use of
this Test Bank. Organized by chapter, the Test Bank contains multiple-choice, true/false, and essay
questions. Many of the questions have been modified to correspond with the text’s revision. Answers
immediately follow each question, along with corresponding Learning Objectives.
xix
Confirming Pages
Learning Objectives
Learning Objectives are included
at the beginning of each chapter.
These objectives will act as a helpful
2
road map of each chapter, narrow-
ing the focus of each topic for both
instructor and students. You will
also find these Learning Objectives
tagged for every test bank question
to ensure that key points from each Michael Hitoshi/Getty Images
and what to avoid. culture that is often not found in larger nations.
ees (excluding CEOs) varies from highest to lowest by
a ratio of only 3 to 1. Sweden provides universal health Source: Susan Wennemyer, “Sweden: The Kindness Economy,” Business Ethics,
2-4 To generate an individual framework for ethical values in business.
care, public nursing homes, and subsidized child care Fall 2003.
2-5 To evaluate the obstacles and rewards of ethical business practice in our
property-based legal system.
Does the emphasis on profit in a property-based private market mean that only Don’t forget that a
profit must be considered in business decision making? For an example of a nation nation is just a large
where not only profit is important in business, see Sidebar 2.8. group. This means that
“culture matters” in the
The Effect of the Group The social critic Ambrose Bierce once remarked implementation (or not)
Do understand that an
that the corporation is “an ingenious device for obtaining individual profit without of moral values.
individual responsibility.” He was referring to the fact that individuals in large groups
such as the corporation feel less responsibility for what happens in the group than
they do for what happens in their individual lives. They may also act differently, and
pag34285_ch02_026-059.indd 26
amendment must be ratified 07/10/20 10:06 PM
xx
Confirming Pages
material appears. Through these employer? To the news media? • Will my actions violate the law?
xxi
Confirming Pages
of actual court decisions. These ConfirmingThe had stated a viable “danger-creation due process claim” arising
Pages panel reversed the district court’s interlocutory orders
in this action which was brought by 21 individual plaintiffs from the government’s failure to regulate third-party emissions.
KEY POINTS
• To maintain a lawsuit, a plaintiff must have standing or a legally cognizable claim and the
pag34285_ch04_086-117.indd 90
Key Points 09/04/20 04:45 PM
xxii
Confirming Pages
Expanded Business
What is the purpose of jury instructions?
business discussions
Discussions 115
1. You are the manager of a used car firm known as Reliant Motor Company. Your lawyer
has called to tell you that John Doe, a customer you have been dealing with for several
The last item in each chapter is months, has filed a lawsuit against the firm. The customer claims the vehicle he purchased
is a lemon and no longer even operates. You knew the vehicle was not in the best of condi-
chapter.
movies?
2. You are the owner of a small firm that manufactures lawn mowers. While using one of
your products, a person suffers severe injury and now is suing, claiming that your product
was negligently designed because it did not adequately protect the user. You have no
experience with the legal system. You learn that lawyers charge as much as $250 per hour
and must be paid whether they win or lose their cases. You are surprised at what must
happen before a trial can occur to determine who is at fault. First, your lawyer may move
to dismiss the case on jurisdictional grounds. If that fails, both sides will take costly deposi-
tions of likely witnesses. You will have to turn over reams of internal documents related to
the design of your mower. Each side also will have to pay several hundred dollars per hour
for experts as the lawyers prepare the case. These experts will have to be paid again when
they testify at trial. As the time for the trial approaches, each side will spend money trying
to discern the most sympathetic type of jury. Years after the lawsuit was first filed, the par-
ties will be sitting in the courtroom waiting for jury selection to begin. More money will have
been spent defending this case than the plaintiff was seeking when the lawsuit was first
filed. Many questions come to mind:
116
xxiii
pag34285_ch04_086-117.indd 116 09/04/20 04:45 PM
sidebar 4.18
How Do You Prevent a Lawsuit in Your Firm?
• Make sure supervisors and managers have access to • Develop internal mechanisms for resolving disputes.
legal counsel and use it before small issues explode • Perform regular audits to ensure compliance with
into major disputes. legal rules and best practices.
• Encourage teambuilding and development of coop- • Require legal analysis of major decisions under
erative relationships in the workplace. consideration.
glossary.
Clear and convincing proof 108 verdict 109 Respondent 110
Complaint 95 Judgment on the pleadings 100 Standing to sue 89
Counterclaim 88 Jury instructions 107 Statute of limitations 100
Counterdefendant 89 Long-arm statutes 91 Summary judgment 100
Counterplaintiff 89 Motion 100 Summons 91
Default 96 Oral argument 111 Third-party defendants 89
Defendant 88 Peremptory challenges 103 Verdict 109
Depositions 98 Personal jurisdiction 91 Voir dire 102
xxiv
support materials
xxvi
AACSB Statement
The McGraw-Hill Companies is a proud corporate member of AACSB International.
Understanding the importance and value of AACSB accreditation, The Legal and
Regulatory Environment of Business, 18e, recognizes the curricula guidelines detailed
in the AACSB standards for business accreditation by connecting selected questions in
the text and the test bank to the six general knowledge and skill guidelines in the AACSB
standards.
The statements contained in The Legal and Regulatory Environment of Business, 19e,
are provided only as a guide for the users of this textbook. The AACSB leaves content
coverage and assessment within the purview of individual schools, the mission of the
school, and the faculty. While The Legal and Regulatory Environment of Business, 19e,
and the teaching package make no claim of any specific AACSB qualification or evaluation,
we have within The Legal and Regulatory Environment of Business, 19e, labeled selected
questions according to the six general knowledge and skills areas.
xxvii
table of contents
PROPERTY 8
sidebar 1.2 Lawyers in the Boardroom 9
PROPERTY IN ITS BROADEST SENSE 9
sidebar 1.3 China: The Rule of Law and Property Rights are Key 11
JURISPRUDENCE 11
Classifications of Law 12
COMMON LAW AND CIVIL LAW 12
Sources of Law 14
FEDERAL LAW 15
STATE LAW 15
LEGAL SANCTIONS 17
xxix
JURORS 63
sidebar 3.2 Trial Consultants and Technical Support:
Other Key Parties in Litigation 64
LAWYERS 65
Hero Images/AGE Fotostock
Organization of the Court System 66
SUBJECT MATTER JURISDICTION 66
STATE COURTS 66
Trial Courts 66
Appellate Courts 67
FEDERAL COURTS 67
sidebar 3.3 Small-Claims Courts 68
District Courts 69
Appellate Courts 69
sidebar 3.4 Circuit Scorecard 71
DECISIONS BY THE U.S. SUPREME COURT 71
sidebar 3.5 Very Slim Odds 72
sidebar 3.6 The Role of the Supreme Court and
Chief Justice 73
JUDICIAL ACTIVISM 76
sidebar 3.9 Typical Alignment of Justices 77
A SAMPLE U.S. SUPREME COURT CASE 77
sidebar 3.10 Labeling Judges as Liberal or Conservative 77
case 3.1 IANCU v. BRUNETTI 78
4. Litigation 86
Litigation—An Overview 88
sidebar 4.1 Inadequate Risk Management Leads to
High Legal Costs 88
PARTIES 88
STANDING TO SUE 89
case 4.1 JULIANA v. UNITED STATES 90
rubberball/Getty Images
PERSONAL JURISDICTION 91
sidebar 4.2 Personal Jurisdiction: Minimum Contacts 91
sidebar 4.3 Where Does Mark Zuckerberg Reside? 92
CLASS-ACTION SUITS 92
sidebar 4.4 Consumer-Related Liability Watch: Allegations Against
Apple and the Fallout from Volkswagen’s Emissions Scandal 93
sidebar 4.5 Record Number of Securities
Class-Action Lawsuit Settlements 94
Pretrial Procedures 95
sidebar 4.6 Understanding the Sample Complaint 95
PLEADINGS 95
STEPS IN DISCOVERY 96
Purpose 97
Methods 97
sidebar 4.7 Discovery Abuse: Alleged Failure to
Produce Documents 97
SCOPE OF DISCOVERY 98
sidebar 4.8 Data Analytics and Litigation 98
sidebar 4.9 Litigation Holds and E-Discovery 99
MOTIONS 99
SETTLEMENTS 125
Arbitration 127
sidebar 5.3 Examples of Contracts with Arbitration Clauses 128
sidebar 5.4 Trends in Arbitration 128
SUBMISSIONS 129
sidebar 5.5 Sample Arbitration Clause 129
ARBITRATORS 129
Expertise 129
sidebar 5.6 To Arbitrate or Litigate 130
Number Chosen 130
Authority over Certain Matters 130
case 5.1 RENT-A-CENTER, WEST, INC., v. ANTONIO JACKSON 131
AWARDS 132
Mediation 142
sidebar 5.12 Bill’s and M&N Revisited 143
PROCEDURES 143
sidebar 5.13 Steps in the Mediation Process 143
ADVANTAGES/DISADVANTAGES 144
BAILMENTS 200
case 7.2 DUKE ENERGY CAROLINAS v. GRAY 201
sidebar 7.6 Is Your Financial Data “Property” That Is Bailed? 204
Acquiring Resources in a Property System 204
ACQUIRING RESOURCES THROUGH EXCHANGE 204
xl Table of Contents
TRESPASS 289
CONVERSION 290
DEFAMATION 290
Defamation and the First Amendment 291
sidebar 10.2 Section 230 and President Trump’s
Executive Order 291
FRAUD 292
sidebar 10.3 Tort or Crime? or Both? 293
INTERFERENCE WITH BUSINESS RELATIONS 293
Injurious Falsehood 293
sidebar 10.4 One Set of Facts but Several Tort Claims? 294
Intentional Interference with Contractual Relations 294
Negligence 294
sidebar 10.5 Elements of Negligence 295
DUTY OF CARE 295
case 10.3 IANNELLI v. BURGER KING CORP. 296
sidebar 10.6 Medical Malpractice Claims 297
UNREASONABLE BEHAVIOR—BREACH OF DUTY 298
Examples of Negligence 298
Willful and Wanton Negligence 298
sidebar 10.7 Strip Search Hoax Costs
McDonald’s $6.1 Million 299
CAUSATION IN FACT 299
PROXIMATE CAUSATION 300
DEFENSES TO NEGLIGENCE 300
Contributory Negligence 300
sidebar 10.8 Explosion on the Long
Island Railroad 301
Assumption of Risk 301
Strict Liability in Tort 302
STRICT PRODUCTS LIABILITY 302
sidebar 10.9 Tort Reform 303
case 10.4 BRANHAM v. FORD MOTOR CO. 304
ULTRAHAZARDOUS ACTIVITY 305
OTHER STRICT LIABILITY TORTS 305
sidebar 10.10 The Great Molasses Flood 306
Damages 306
sidebar 10.11 The Rise of Billion Dollar Jury Verdicts 306
COMPENSATORY DAMAGES 307
PUNITIVE DAMAGES 307
sidebar 10.12 Punitive Damage Guidelines 308
The two boys left the dolphins together and went off. While enjoying
themselves looking around, Marsovino picked up something which
looked like a chain. It was made of small round balls all alike, and
transparent. He handed it to Pinocchio.
“Tell me,” he said, “do you know what this is?”
“Why, yes, it is a bead chain. It is easy enough to know that.”
“Are you sure?”
“Yes, of course. I have seen them
many times around little girls’ necks.”
“And if I told you that they are eggs—”
“Eggs?” murmured Pinocchio. “Eggs?
This thing?”
“Yes, sir, that is what they really are;
the eggs of a halibut. It is a bad habit,
Pinocchio, to make believe you know
a thing when you do not. I am afraid I
am not going to be your friend.”
“Not my friend?” came from the poor
shamefaced marionette.
“No. Mr. Tursio has always told me to keep away from boys who—”
“Tell lies, I suppose you want to say,” finished Pinocchio.
“I was told to go with boys who are polite,” continued Marsovino.
“And instead I even take the plates away with me when I am invited
to dinner,” said Pinocchio.
“I was told to make friends with educated children.”
“And I—yes, I might as well confess it—I have hardly ever seen the
inside of a classroom in my life. Well, Marsovino, I will try to make
myself your friend. Will you try me again?”
“Very well, I will. Now let us return.”
The dolphins were still talking busily when the boys came up to
them. They seemed very much in earnest.
“Here we are, father,” called Marsovino.
“At last! Where have you been? We have important things to say to
you. Come here, both of you!”
“What is it? We are all ears.”
“My friend Beluga has been telling me that while I have been away
from home I have lost much money. He has told me of a great
treasure that is to be found in an old ship far away from here. As I
need it very much just now, I do wish I could get hold of it.”
“Well,” answered Marsovino, “why can’t we go for it?”
“Because it is miles and miles away. Not only that, but we should
have to travel as far up as the polar seas, and into the great oceans.
We could never do it. You see, I am getting old. I could hardly
attempt to cross those icy waters. Still, I need the money so much
that I am afraid I shall have to try the journey.”
“Why couldn’t Globicephalous and I go instead of you, father?”
asked Marsovino.
“And I also,” timidly added Pinocchio.
“Globicephalous is too old. And as for you two, my dear boys, you do
not know what you are saying. Do you know that for months and
months the polar seas are in darkness? That the sun is seen only in
the spring and summer?”
“I know, but it is now winter, and we should reach those seas just at
the right time. We should be back before the fall.”
“And are you not afraid of the cold?”
“It will not be cold. I will swim deep in the water, and there the water
will be warm. I will come to the surface only long enough to breathe.”
“What about the ice? What about those monsters of the seas, the
whales, the sharks, the narwhals?”
“You need the treasure. I have made up my mind to go,” answered
Marsovino, firmly.
“You might escape all the dangers I mention, my boy, and reach the
ship. But how could you ever get hold of the gold inside?”
“I might tear a hole in the ship with my strong tail,” began Marsovino.
“A ship a block long, and all made of iron? It is of no use, my boy.”
The young dolphin was silent. How could he get into the ship? He
thought and thought, but he could find no answer.
“May I go, too?” here began Pinocchio.
“You?” asked Tursio and Marsovino, at the same time.
“Yes, I. Why not? If Marsovino cannot get into the ship because he is
too big, I am so small I can get into any hole,” continued the
marionette.
“That isn’t a bad idea, is it, father?”
“No, but do you really feel courageous enough, you two, to
undertake such a journey?”
“We’ll do our best,” answered Marsovino.
“Well, then, all right. Let us return to Globicephalous, and then you
will get ready to start. Beluga, I will be with you again soon. I might
as well wait here with you for Marsovino and Pinocchio to return.”
After saying good-by to Beluga the young dolphin followed Tursio,
who seemed in haste to get to Globicephalous.
Sitting on the dolphin’s back,
Pinocchio was thinking how good he
had been in offering to go with
Marsovino. But he soon forgot this in
another surprise. In front of him, not
far away, he saw a number of animals
rise out of the sea.
They rose, shook their colored wings
gaily, and then fell back again into the
water. No sooner had they
disappeared than others came, and
then again others. How beautiful they
were! Red, blue, and green, and
shining brightly in the sun.
“Birds in the sea! Oh, they will drown!”
screamed Pinocchio.
“Oh, no, these birds will not drown. They live in the sea, my boy.
They are called flying fish,” explained Tursio.
“When shall I stop hearing news?” wondered Pinocchio. “So there
are also birds in the sea!”
“Almost birds, but not quite. These fish have very strong fins and
with them they can leap very high. As you see, they even leap out of
the water. Why do they do this, do you think? Because they want to
escape from the large fish, which follow them to eat them.”
Pinocchio had nothing to say. Meanwhile, the three friends had
reached the place where Globicephalous was waiting. Tursio told
him in a few words what Marsovino and Pinocchio had planned to do
to help him.
Very soon the two boys were ready to start.
“Well, good-by, boys,” said Tursio, after telling them how to reach the
ship. “I will no longer try to stop you from going. Only be careful.
Keep to yourselves, and you will meet with little trouble. Do not stop
on your way. Hasten back, or I shall be worried. Above all, never get
out of the water. The tide might go out, and you, Marsovino, would
be in great danger.”
Marsovino and Pinocchio listened carefully; and then, with a cheerful
good-by, they were off.
A few hours later Tursio and Globicephalous were with Beluga, and
Marsovino and Pinocchio were speeding away towards the great
oceans, treasure hunting.
CHAPTER XII
Marsovino and Pinocchio traveled swiftly. They
passed a strait, crossed a canal, left beautiful lands
behind them, and at last came out fearlessly into
the great ocean. They never stopped.
When the moon shone they traveled on the surface
of the water. If the sky was dark and gloomy, the
dolphin plunged deep into the sea. There the two
friends had plenty of light. Great medusæ and sun
fishes made the water light and bright. Very often,
too, the wonderful phosphorescence of the sea
aided them in seeing their way. Pinocchio felt satisfied when
Marsovino explained the cause of this phosphorescence to him. At
first, though, he could hardly believe his ears.
“When the Moon shone they traveled on the Surface of the
Water.”
The journey was very peaceful, and nothing came to trouble the two
little heroes.
“What is that dark blue streak there, Marsovino?” asked Pinocchio,
one day. He was pointing out a wide band of dark blue water, which
stood out distinctly from the lighter green of the ocean.
“That? Oh, that is the Gulf Stream,” answered Marsovino.
“The Gulf Stream? What are you talking about? A stream running in
the ocean! Water running in water!”
“Yes, of course it is all water. But there is a difference between ocean
water and Gulf Stream water. The first, in general, is quiet, the
second is moving. That stream is just like a river flowing between
two valleys. The waters of the two never mix. If you try, you will find
that the ocean is much the colder of the two.”
“But what is the use of it?”
“Why, it is of great use. This stream carries warmth to the cold
regions of the north. It cools the hot countries of the tropics. Without
this saving current, life would not be pleasant in many countries.”
“Hurrah for the river in the middle of the sea, then!” shouted
Pinocchio. He had understood little, so he thought it better not to
speak further on the subject.
Towards noon of the same day the sea began to be filled with
herrings. They were on all sides. Our two travelers were surrounded.
Pinocchio enjoyed being with the silvery animals.
Soon, however, there were so many that Marsovino found it hard to
move. Still, the kind little fellow, seeing that Pinocchio was enjoying
himself, did not try to get away. After a while, however, the herrings
became so numerous that the ocean looked like a sea of silver, not
of water. Pinocchio and the dolphin were being pushed and shoved
around without mercy.
“I am being killed, stifled,” whispered Pinocchio. Yes, he whispered.
If he had opened his mouth a herring could easily have slipped into
it. This might not have been very pleasant.
Marsovino finally saw that the herring had become as thick as a
stone wall. So with a few strong strokes of his tail, he made his way
to the surface of the water.
“Ah! now I can breathe!” exclaimed
Pinocchio. “In that fishy world I
thought I should die.”
As night had come, and as it was very
dark, our friends began to think of
sleep. Anyway, even if they had tried
to move, they could hardly have
passed through that multitude.
Just as the sun rose, Pinocchio
opened his eyes. He had had a very
good sleep on the back of his
swimming horse. Looking around, he
could not help crying out in surprise.
“Marsovino! Wake up!” he called. “Just
look! Yesterday we were swimming in a sea of silver. To-day we are
floating in milk.”
It was really the truth. No sign of herrings was left. But as far as eye
could reach one could see only a thick heavy liquid as white as milk.
“Oh, how splendid!” cried Pinocchio. “Now I can have as much milk
as I want. It looks good.”
Marsovino had awakened, but he never said a word. He wanted to
see what Pinocchio would do. The marionette, thinking himself right,
bent over and took a long drink of milk, as he thought. But he had no
sooner had a taste than he made a wry face.
“Why, it is salty.”
“Of course it is. Is this the first time you have heard of the sea being
salt?”
“But this is not water. Look how white it is. It looks like milk.”
“Do you know why it is so? The water looks white because of the
eggs left in it by the herrings of yesterday.”
“Eggs? But there must be thousands of them?”
“Yes, and millions.”
“But the sea will soon be full of herrings, then.”
“No fear of that, Pinocchio. Think of the many large fish that are in
the sea. They live on these eggs and on small fishes. Why, they can
and they do swallow hundreds of eggs at a time. The sea is big
enough to hold all its fish and more. You don’t think we are crowded,
do you?”
“Last night we certainly were.”
“One night is not every night. You see, herrings travel in great
numbers, and we happened to meet a school of them.”
“Oh, they go to school, do they? Well, I never before thought a fish
had to go to school, too!” mumbled Pinocchio to himself.
After traveling a long time through the milky sea, the two travelers at
last came out of it.
Soon after a long, sharp, flat blade rose suddenly out of the water. It
looked like a sword, and Pinocchio, of course, thought it was one.
“What have we here?” he asked. “A soldier battling in the sea? And
is that thing his sword?”
“You can hardly be blamed for thinking it a sword. It looks very much
like one,” said Marsovino. “It is the long upper jaw of a fish, and from
this it receives its name, swordfish. With this weapon, as it is very
strong, the fish can defend himself against much larger animals. I
hope he won’t come near us.”
Luckily for the two friends, he did not. The sword disappeared into
the sea, and the travelers continued their journey.
“I must dive now, to see where we are,” said Marsovino; and soon
Pinocchio found himself at the bottom of the sea. Curious as ever,
the marionette looked around, peering here and peering there.
Seeing some cuplike objects hanging on the rocks,
he put out his hands for them. They looked very soft
and were full of holes. But as soon as Pinocchio
touched them, the holes disappeared, and the cups
clung tightly to the rocks.
“Oh, excuse me,” begged Pinocchio, “I thought you
were sponges.”
“And what are they, if not that?” laughingly asked Marsovino.
“But they move just as if they were alive!”
“And is not the sponge an animal?”
“Really? Do you mean it?”
“Why, yes. The sponge is not only one animal, but a number of
animals living together. And what do you think hides in that cuplike
sponge you see there, to live a quiet happy life in it?”
“What?”
“The pearl oyster.”
“Honestly? Oh! Do you think I could get some? I know how precious
pearls are. Why, I could make myself rich! I could buy houses and
horses and automobiles and—Oh! Oh!” and Pinocchio started to
dance a jig on the sandy floor.
Marsovino was laughing.
“You may try. You may have luck.”
Pinocchio did not have to be told twice. He searched and searched
every sponge he could lay his hands on. As a result, he found a
great many shells.
“And what now?” he asked.
“Now you must open them, to see if any pearls are inside.”
“What is the use of opening them? You said these were all pearl
oysters. I’ll carry them and open them later.”
“But many of them may have no pearls
at all. You see,” continued Marsovino,
opening a shell, “this one has none. But
do you see this coating of many colors
on the inside of the shell? That is a
substance which comes from the body
of the mollusk. It is called mother of
pearl. When the oyster opens its shell, a
grain of sand may get into it. The oyster
does not like this, as the stone hurts her,
but she can’t throw it out. So she covers
it up with this substance from her body.
When the little stone is all covered up,
we have a lovely pearl.”
“Who would ever have thought such a thing
possible!” thought Pinocchio, getting to
work. He soon had a large number of
oysters; but when he opened them he found
only a few small balls.
“Come here, Pinocchio. You may have
better luck in this corner,” and Marsovino
led the way to a nook in the rocks. “Look in
there.”
Again Pinocchio searched, and soon a
great many shells lay at his feet ready to be
opened. Without mercy, he went at them,
tearing and pulling the poor little creatures from their homes. His
search finished, he threw them aside. The sand was soon covered
with the dead and the dying.
“Poor little beings!” observed Marsovino. “After they have given you
their pearls, is that the way to treat them? Could you not be more
careful?”
Pinocchio had a kind soul. He was only thoughtless. So he went to
work and tried to undo the wrong he had done. Those oysters which
were only slightly hurt he put back into their shells; while he ate the
others, and so ended their sufferings.
This work finished, he went on with his search for pearls. In a short
time he had a small pile of beautiful pearls. Some were large, some
small, some globular, and others shaped like drops of water.
In color, too, they were different. Almost all were white, some faintly
pink, a few grayish, and one was all black.
“Well, Pinocchio, you have enough. With them you will be as rich as
the king of China. Come now. We must go on with our journey.”
“But these pearls, where shall I put them? I wish I had a bag or a
box.”
“It will not be so hard to find that. Let’s look around.”
The dolphin swam around. He did not stay away long. Soon he came
back, holding a small object out to Pinocchio. It was a little cubical
body, and seemed like a strange-looking box.
“Here is the box, my friend,” he called.
“Well, what is this?” asked Pinocchio, looking at the object. It was
hard and dark, and reminded him of the shell which had saved his
life.
“That was a fish.”
“A fish? That box?”
“Exactly. This is only its shell, but once a fish lived in it. It is called
the sea urchin. That box you have there helps him to defend himself.
Do you notice how hard it is?”
“Well, the sea is certainly a wonderful place. Once upon a time I
hated it. Now I should like to be a fish, so as to live in it always.”
CHAPTER XIII
The journey was progressing rapidly. Blue skies
and green countries had disappeared. Gone were
the many-colored fish. Sea and sky were of a dark
gray color. Why all this? Because our two friends
had reached the cold north, where for so many
months no sun shines.
Luckily, though, spring had begun. The sun showed
itself for a while every day. And every day it showed
itself a little longer. In the summer it would be there even at midnight.
The cold was very great. Pinocchio had a fur suit which Tursio had
given him, but still he was almost freezing. Marsovino also suffered.
“It will be better for us if we dive deep into the sea,” he observed.
“We shall find it warmer there.”
“Please wait awhile,” begged Pinocchio.
“I want to see that island first,” and with
his hand Pinocchio pointed to a high
mountain still far away. It was as white
as snow, and seemed almost to touch
the sky.
“Oh, you want to see that island,”
repeated Marsovino, chuckling to
himself. “Very well.”
“Yes, it does look queer, doesn’t it? I
wonder if there are people on it?”
“Perhaps. We shall see.”
It seemed as if the island had heard
Pinocchio speak. Strange to say, it was
coming to meet the dolphin and his friend. And with it were two
others.
“Look! look!” shouted Pinocchio. “The islands at the pole walk! This
is fun!”
“Yes, they are taking a walk, as you see,” answered Marsovino, who
was enjoying himself, too. “But if they come nearer, our journey will
end right here.”
He had not finished speaking when a
terrific noise was heard. The sound
was deafening. Pinocchio found
himself thrown from his horse into the
water. When he opened his eyes—he
always closed them when he was
frightened—no islands were to be
seen.
“Marsovino! Marsovino! Help! Help!”
he cried, fearing he had lost his friend.
“Here I am! Come!”
Swiftly the marionette swam to the
dolphin, and again climbed on his
back.
“Will you please tell me what happened to those islands? Or are we
in fairyland? I never knew lands could disappear in a minute like
that!”
“Those were not islands, my dear Pinocchio. They were icebergs.
These great mountains of ice, when they come against each other,
are broken into bits. See, all that is left of them are pieces of ice;”
and Marsovino pointed to ice which was floating on the sea.
The next day Pinocchio had another surprise. In front of him, as far
as he could see, was a city of ice. Everything was flat, everything
was white.
Immense landscapes, snowy white, met his eye wherever he turned.
Mountains of ice could be seen in the distance. And, wonderful to
see, the ice was so clear and transparent that it looked like glass.
When the sun shone on it, it sparkled and showed all the colors of
the rainbow.
Pinocchio thought himself in fairyland. But as he was looking, a
strong wind rose suddenly; and then the icebergs fell and broke with
deafening noise.
Finally, Marsovino thought it best to
swim far under water. He was afraid of
losing his life in the midst of all those
icebergs.
Two days later the two boys rounded
the southern point of Greenland. On
the sandy shore of this island
continent could be seen a large
number of animals. They had round
clumsy bodies, each having a small
head with two small bright eyes.
Where we have arms, they had what
looked like very strong fins.
These animals were seals. Their bodies were covered with reddish-
brown fur. Lying on the sand, they were enjoying the warmth of the
sun. The young ones were playing with one another and enjoying
themselves, too.
Pinocchio paid little attention to them. But suddenly out of the water
came another band. The newcomers were somewhat different from
the seals, but they belonged to the same family.
Their fur was almost black, not brown, and their heads were larger.
They were walruses. From their mouths two long, thick ivory teeth
protruded. They looked very fierce, and soon they showed their
fierceness.
Seeing that the beach was occupied, and wanting it for themselves,
they started to fight for it. The seals fought very bravely, but what
could they do against those terrible teeth? The poor wounded beasts
struggled and kept up cries of “pa—pa—pa—pa.”
“Listen to that. They are calling ‘papa.’ I never thought fish could
talk,” said Pinocchio.
“First of all, seals are not fish, but mammals. And
then there are some fish which do produce sounds.
Tunnies, when out of the water, cry like children.
Some poulpes, when caught, groan. Others make a
sound like a whistle.”
“I am ready to believe anything,” Pinocchio said
very weakly. “But what is a poulpe?”
“Oh, that is another name for the octopus or
devilfish,” was the reply.
The fight continued, but the seals were soon conquered. The
victorious walruses were not to enjoy their victory, however.
While the fight was still waging, some fishermen had quietly come up
to the field of battle. Before long many of the combatants lay dead,
and were carried away into boats. The few that were left forgot the
fight, and were happy enough to escape into the water.
CHAPTER XIV
The boys traveled two weeks longer, and at last
Marsovino thought himself near his destination. So
he dived into the water to a great depth.
After a while, as he sank deeper and deeper into
the sea, Pinocchio became frightened. They were
down so far that no light from the sun could reach
them.
“Where are you carrying me to, my dear?” he
asked. “If we go any farther, we cannot possibly live. How could we,
with this immense amount of water over us?”
“We’ll be all right, my boy, never fear. If little fish like that can live
here, why, so can we.”
Marsovino was pointing to many horrible dark objects which were
swimming around him. They had a round head, great black bodies,
no eyes, and from their heads a long thread moved about in the
water. At the end of the threads were small lights.
“What ugly things!” said Pinocchio. “What are they, and why do they
have those small lights on their heads?”
“If you look closely, you will see that those little beings have no eyes.
So they depend on these lights for their food. Other animals are
drawn to the lights. When they are near enough these animals feel
them. Then they are seized and eaten.”
“The sea is wonderful,” nodded Pinocchio, drowsily, “but don’t you
think that we might take some sleep? I am very tired.”
“Very well,” said Marsovino.
Pinocchio threw himself on the sand, and in a few minutes both
friends were asleep.