MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
17th Edition
ISBN: 9781337094498
Author: Roberts
Publisher: IACCENGAGE
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Chapter 7, Problem 21CP
Summary Introduction

To discuss: Whether the girls have a cause of action against company W.

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Ms. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. Dick, a second year pediatric resident, was the attending emergency room physician. Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 ml’s per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. Dick. Dr. Dick did not order a transfer. Bay is a rural hospital and is not equipped to handle trauma patients with multiple…
9. Mark works as a courier. While on his daily route, Mark delivered a package to a home and noticed a pool in the backyard similar to what he would like in his own backyard. After work, Mark returned to the home to see the pool. He rang the doorbell to ask permission to enter the backyard, but no one was home. As no one was home to disturb, he went into the backyard to take a look at the pool. The family returned home to find Mark in their yard. They felt threatened, demanded that he leave, and called the police. Which of the following statements regarding Mark's situation is true? a) The courier company would be vicariously liable because Mark first entered the property when working. b) Mark would be guilty of trespass to chattels because he was there to see the pool. c) Mark could use the defence of consent because he attempted to ask for permission to enter the yard and no one refused his entry. d) The courier company would not be vicariously liable for Mark's actions.
Jolie, an employee of Tenholder, Inc., was drinking during her lunch break on Tuesday. When she got back to work, her boss, Brian, noticed that she had been drinking and sent her home for the remainder of the day, without pay. Brian instructed Jolie to leave her car at work and take a Taxi home and he would pick her up in the morning on his way back into work. Jolie disobeyed and drove home. On her way home, Jolie caused an accident. Is Tenholder, Inc. liable for the damages resulting from the car accident? Is there an agency relationship exists between Jolie and Tenholder, Inc?
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