Given situation:
Company H on Eminent 18, 2012, used a fifteen-year-old minor while the minor, locked in lifting daunting objects, injured his lower back. He underwent surgery in October 2012, to remove a herniated disk. Company H paid the correct amount of transitory payments up to disability increments ($53.36 per week) from Admirable 18, 2012, to November 15, 2013. The final settlement for 150 weeks of permanent half-way incapacity payments worth $6,136.40 came in February 2014.
Under the arrangements that drive to understanding, Person T spoke to the company H and arranged directly with the minor and his mother HP. The overall interpretation of settlement was identified as being by the minor. Mrs. Parent, who was showing the marking at the time, did not challenge the marking, nor did she or someone else co-sign the statement. The minor subsequently tried to disaffirm the claim and reopen the stipend case for his staff.
To discuss: The decision of the current scenario.
Want to see the full answer?
Check out a sample textbook solutionChapter 14 Solutions
BUSINESS LAW (LOOSE)-W/ACCESS >CUSTOM<
- At Whirlpool’s manufacturing plant in Ohio, overhead conveyors transported household appliance components throughout the plant. A wire mesh screen was positioned below the conveyors to catch falling components and debris. Maintenance employees frequently had to stand on the screens to clean them. Whirlpool began installing heavier wire because several employees had fallen partly through the old screens, and one had fallen completely through to the plant floor. At this time, the company warned workers to walk only on the frames beneath the wire but not on the wire itself. Before the heavier wire had been completely installed, a worker fell to his death through the old screen. A short time after this incident, Deemer and Cornwell, two plant employees, met with the plant safety director to discuss the mesh, to voice their concerns, and to obtain the name, address, and telephone number of the local Occupational Safety and Health Administration representative. The next day, the two…arrow_forwardVozzello is on a domestic flight heading from Seattle to Baltimore when he experiences a medical emergency. Thankfully, Doctor Amalia is also on the plane and is able to perform cardiopulmonary resuscitation ("CPR") to keep him stabilized until they land, at which point he is taken to a local hospital for further treatment. Two weeks later, Vozzello is shocked when he receives a $37.000 bill from Amalia for the services she provided. Amalia argues that $37,000 is reasonable because she is a nationally renowned cardiovascular specialist who graduated from one of the top medical schools in the world. Which of the following statements is correct? Since Vozzello benefitted from Amalia's services, an implied-in-fact contract was formed. He is therefore required by law to pay her typical rate, and $37.000 is justified considering her qualifications. Since Vozzello benefitted from Amalia's services, an implied-in-law contract was formed. He is therefore required by law to pay her typical…arrow_forwardJoan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…arrow_forward
- John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…arrow_forwardSyncrude ordered 30 gearboxes from Hunter, a manufacturer, to drive its conveyor belts in the Alberta tar sands project. Syncrude provided specifications of what the gearboxes were required to do, and Hunter designed them to meet those specifications. The contract contained an express term guaranteeing the gearboxes for two years. When the period had expired, the gearboxes developed faults that were found to be due to faulty designed. Issues: Liability of Hunter for the design faults which caused the gearboxes to fail; Liability of Hunter under the statutory warranty in the Sale of Goods Act?arrow_forwardTube Art was involved in moving a reader board sign to a new location. Tube Art’s service manager and another employee went to the proposed site and took photographs and measurements. Later, a Tube Art employee laid out the exact size and location for the excavation by marking a four-by-four-foot-square on the asphalt surface with yellow paint. The dimensions of the hole, including its depth of six feet, were indicated with spray paint inside the square. After the layout was painted on the asphalt, Tube Art engaged a backhoe operator, Richard F. Redford, to dig the hole. Redford began digging in the early evening hours at the location designated by Tube Art. At approximately 9:30 P.M., the bucket of Redford’s backhoe struck a small natural gas pipeline. After examining the pipe and finding no indication of a break or leak, he concluded that the line was not in use and left the site. Shortly before 2:00 A.M. on the following day, an explosion and fire occurred in the building serviced…arrow_forward
- Vida Tunu is sexually harassed by a top-level senior executive in a large company. She sues the company, and during settlement discussions, she is offered an extremely large monetary settlement. In the agreement, Vida Tunu is required to confirm that the executive did nothing wrong, and after the agreement is signed she is prohibited from discussing anything about the incident publicly. Before the date scheduled to sign the settlement agreement, Vida’s lawyer mentions that she has heard the executive has done this before, and the settlement amount is very large because the company probably had a legal obligation to dismiss the executive previously. The company however wants to keep the executive because he is a big money maker for the company.a) Explain the issues of integrity, ethics and law posed in the case study? b) Will it be morally right to dismiss the top-level senior executive who is a big money maker for the company? Provide examples of your choice to explain your answer…arrow_forward1. According to Section 15 Contract Act 1950, coercion is divisible into TWO (2) categories namely physical coercion and economic coercion. Describe them by giving any relevant situation and related cases.arrow_forwardPeter has been in practise as a doctor in Sydney since 1982. In 1984, he purchased a 25-hectares farm near Batlow, which is considered the premium apple growing region in Australia. The purchase price for the farm was $700,000. Peter borrowed the funds to purchase the farm. At the time of purchase the farm was used to grow apples and Peter continued to grow apples on the farm, employing a full-time manager for this purpose.As a result of the Black Summer bushfires in 2019/2020 however, most of the apple trees and packing sheds on Peter’s farm were destroyed. Peter decided not to replant apple trees. Instead, he decided to grow hazelnuts and cherries because he believed these would provide a higher yield than apples given current market prices.In late 2021, Peter arranged with his farm manager to oversee the removal of all remaining and burned-out apple trees on the farm and to prepare the soil to make it suitable for planting 200 cherry trees and 100 hazelnut trees. It was estimated…arrow_forward
- Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC), in Marshall, Missouri. Medrano attended an electrician apprenticeship night class at a community college in Sedalia, Missouri. MEC paid Medrano’s tuition and book fees. Attendance at the course required Medrano to drive 70 miles round-trip. One night, when Medrano was driving home from the class, a drunk driver crossed the center line of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Are Medrano’s actions at the time of the automobile accident within the course and scope of his employment, thus entitling him to workers’ compensation benefits? Explain your answer.arrow_forwardIn a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.arrow_forwardAt least six months before the Summer Olympic Games in Atlanta, Georgia, a group made up of Stafford Fontenot, Steve Turner, Mike Montelaro, Joe Sokol, and Doug Brinsmade agreed to sell Cajun food at the games and began making preparations. On May 19, the group (calling themselves Prairie Cajun Seafood Catering of Louisiana) applied for a business license with the county health department. Ted Norris sold members of the group a mobile kitchen in return for an $8,000 check drawn on the “Prairie Cajun Sea-food Catering of Louisiana” account and two promissory notes, one for $12,000 and the other for $20,000. The notes, which were dated June 12, listed only Fontenot “d/b/a Prairie Cajun Seafood” as the maker (d/b/a is an abbreviation for “doing business as”). On July 31, Fontenot and his friends signed a partnership agreement, which listed specific percentages of profits and losses. They drove the mobile kitchen to Atlanta, but business was disastrous. When the notes were not paid, Norris…arrow_forward
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON