Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Murphy, while a guest at a motel operated by the Betsy-Len Motor Hotel Corporation, sustained injuries from a fall allegedly caused by negligence in maintaining the premises. At that time, Betsy-Len was under a license agreement with Holiday Inns, Inc. The license contained provisions permitting Holiday Inns to regulate the architectural style of the buildings as well as the type and style of the furnishings and equipment. The contract, however, did not grant Holiday Inns the power to control the day-to-day operations of Betsy-Len's motel, to fix customer rates, or to demand a share of the profits. Betsy-Len could hire and fire its employees, determine wages and working conditions, supervise the employee work routine, and discipline its employees. In return, Betsy-Len used the trade name, “Holiday Inns," and paid a fee for use of the license and Holiday Inns's national advertising. Murphy sued Holiday Inns, claiming Betsy-Len was its agent. Is Murphy correct?
The plaintiff, while dining at the defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. The plaintiff brings a cause of action. Should she prevail? Why?
William Carlton was the sole shareholder in ten New York City corporations, including Seon Cab Corporation. Each corporation owned two taxicabs, and each cab was covered by the minimum $10,000.00 automobile liability insurance required under New York State law. A taxicab owned by Seon Cab Corporation struck and severely injured John Walkovsky, who sued for damages.
Walkovsky named all ten corporations, Carlton individually, as well as the individual driving the cab that hit him, as defendants. The plaintiff alleged that the corporations, although seemingly independent of one another, operate as a single entity, unit and enterprise with regard to financing, supplies, repairs, employees, and garaging. The plaintiff asserted that the multiple corporate structure constituted an unlawful attempt to defraud members of the general public who might be injured by the cabs. He sought to hold Carlton, the sole shareholder of each corporation, personally liable for his injuries.
1. Suppose…
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- William Carlton was the sole shareholder in ten New York City corporations, including Seon Cab Corporation. Each corporation owned two taxicabs, and each cab was covered by the minimum $10,000.00 automobile liability insurance required under New York State law. A taxicab owned by Seon Cab Corporation struck and severely injured John Walkovsky, who sued for damages. Walkovsky named all ten corporations, Carlton individually, as well as the individual driving the cab that hit him, as defendants. The plaintiff alleged that the corporations, although seemingly independent of one another, operate as a single entity, unit and enterprise with regard to financing, supplies, repairs, employees, and garaging. The plaintiff asserted that the multiple corporate structure constituted an unlawful attempt to defraud members of the general public who might be injured by the cabs. He sought to hold Carlton, the sole shareholder of each corporation, personally liable for his injuries. 1. Is there…arrow_forwardMorris, a salesperson for Acme, Inc., a manufacturer of household appliances, receives a commission on all sales made and no further compensation. He drives his own automobile, pays his own expenses, and calls on whom he pleases. While driving to make a call on a potential customer, Morris negligently collides with Hudson, who sues (a) Acme and (b) Morris. Who should be held liable?arrow_forwardMichelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.arrow_forward
- Under vicarious liability, an employer is liable for the tort of an employee who is acting within the scope of employment. a. True b. Falsearrow_forwardA got into a vehicular accident with B due to the fault of the latter. The case could very well fall under the crime of Reckless Imprudence Resulting to Physical Injuries in addition to suit for collection of money, but A opted not to file a criminal case against B since such filing of criminal case against a churchmate would mean his dismissal from their church. Instead, A chose to file a case for collection of sum of money only based on their agreement that B will pay A for all the expenses incurred by reason of the accident except for the repair of the car since B will directly pay the same to the A’s insurance company. However, B refused to pay A for his travel expenses and meal allowances when he travels to the repair shop during his routine check-ups on the progress of the repair even after A insisted on B’s agreement to pay all the damages. Whose contention is correct? Is it B’s refusal to pay A’s expenses during routine check-ups or is it A’s insistence on B’s liability to pay…arrow_forwardIn the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that: 1) Dreyer had permission to drive the government's car, but was off duty at the time of the accident. 2) Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened. 3) Zankel was contributorily negligent, relieving both Dreyer and the government of liability. 4) Dreyer was following all of the applicable traffic laws at the time of the accident.arrow_forward
- Damages are the amount allocated to the innocent party in the event of a breach of contract or any negligent acts committed by the defendant. However, one of the most important elements for any plaintiff to be successful is the need to establish that there is a causal relationship between the defendant’s acts and the plaintiff’s injury and loss. Requirements: Define and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages? Define and explain the concept of causation and its application to the plaintiff’s quest to get damages. Review the concept of the “but for principle”. You need to review three (3) case laws on this issue. The concept of causation however can be influenced by intervening acts and contributory negligence, which can break the chain of causation. You are required to discuss this matter with 3 supporting case laws. Note. Discuss via a few paragraphs, what was the issue, basic facts and the judgement.…arrow_forwardPlease do not give solution in image formate thanku. Catherine Creteau and her husband contracted with a travel agency, Liberty Travel, to arrange a trip to Jamaica.While staying in Jamaica in accommodations arranged by Liberty Travel, they were robbed at gunpoint. The Creteaus alleged that Liberty Travel either knew of safety issues with the accommodations or such information was available to Liberty Travel. What duty did the Creteaus allege their agent had breached?arrow_forwardCEO was convinced by his employee, M. Ploy, that a coworker, A. Cused, had been stealing money from the company. At lunch that day in the company cafeteria, CEO discharges Cused from her employment, accuses her of stealing from the company, searches through her purse over her objections, and finally forcibly escorts her to his office to await the arrival of the police, which he has his secretary summon. Cused is indicted for embezzlement but subsequently is acquitted upon establishing her innocence. What rights, if any, does Cused have against CEO?arrow_forward
- What is the liability of the managers or owners of the establishment for the negligent act of their employees. What is an obligation under article 1156 of the civil code.arrow_forwardDean was hired on February 12 as a sales manager of the Co-op Dairy for a minimum period of one year with the dairy agreeing to pay his moving expenses. By February 26, Dean had signed a lease, moved his family from Oklahoma to Arizona, and reported for work. After he worked for a few days, he was fired. Dean then brought this action against the dairy for his salary for the year, less what he was paid. The dairy argues that the statute of frauds bars enforcement of the oral contract because the contract was not to be performed within one year. Is the dairy correct in its assertion?arrow_forwardSherwood negligently ran into the rear of Austen’s car, which was stopped at a stoplight. As a result, Austen received bodily injuries and her car was damaged. Sherwood, arts editor for the Mississippi Press Register, was en route from a Louis Armstrong concert he had covered for the newspaper. When the accident occurred, he was on his way to spend the night at a friend’s house. Austen sued Sherwood and—under the doctrine of respondeat superior—Sherwood’s employer, the Mississippi Press Register. Who is liable? Explain.arrow_forward
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