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Agency or Employment
Employment II
Contracts
Mash-up
Negligence
100
Person who has specialized skills, is hired by the job, and controls the method to accomplish the job.
What is an independent contractor?
100
Employee advises the local paper about what he believes is his boss' embezzlement of state funds.
What is a whistleblower?
100
Landowner offers to sell his land for $30,000; buyer agrees to pay $30,000 for the land and his barn.
What is a revocation of the first offer and a new counter-offer?
100
University prohibits students from carrying signs on the sidewalks that say "We hate finals."
What is a potential violation of the First Amendment?
100
Duty, Breach, Causation, and Injury
What are the elements of negligence?
200
Unbeknownst to its employees, employer monitors their emails.
What is a violation of the Electronic Communications Privacy Act?
200
Employee refuses to work on Christmas and employer fires her.
What is a potential religious discrimination claim?
200
The theory of recovery for Joe if Joe loans his neighbor, Bill, a saw and wood to build a cabinet Bill plans to sell.
What is quantum meruit, or unjust enrichment?
200
Police arrest a man immediately and sentence him to prison for 20 years.
What is a due process violation?
200
Causation/injury must be _______________ to recover for negligence.
What is foreseeable?
300
Employee takes a leave of absence for surgery but is unable to return at the end of 12 weeks. Her employer terminates her position.
What is a potential FMLA and ADA violation?
300
Right of an employer to replace employees who are on strike.
What is National Labor Relations Act and the right to strike?
300
Bill sells his lawnmower to Mary for $500; both mistakenly believe it has never been used before and is operational as is. After using the mower for 20 minutes it suddenly dies, and upon seeking repair, the repairman tells Mary the mower is on its last legs and has clearly been used for over 100 hours.
What is mutual mistake of fact?
300
An employer requires all of its employees to pass a polygraph prior to being hired.
What is a violation of the Polygraph Protection Act?
300
John sells Mary his car after having had it repaired for severe damage to its transmission. John does not tell Mary about the repair. When the transmission falls out and Mary takes it to the same repairman and he says that he just recently fixed that transmission, Mary sues John for _______
What is a fraud?
400
Bob tells the electrician that he will not be at the house but that his neighbor will be there to direct his work and pay him.
What is an agent with apparent authority?
400
Words or actions based on gender or sexual in nature that are severe, pervasive, objectively offensive that interfere with a person's ability to do their job.
What is sexual harassment?
400
The Sunday paper has an advertisement for Hasty Bakes on sale for $20 a piece. The store runs out of Hasty Bakes and the next customer wishing to buy a Hasty Bake for $20 sues the vendor based on breach of contract. Seller wins.
What is an invitation to bid or offer to contract?
400
University funds student organizations such as Church of Scientology, Fellowship of Christian Athletes, Atheist Club, but refuses to fund the Satanic Club.
What is a violation of the Establishment Clause and Equal Protection Clause?
400
Professional photographer photographs a celebrity on the sidewalk skateboarding. The camera flashes in the celebrity's eyes, causing him to fall into oncoming traffic and die.
What is foreseeability and assumption of the risk?
500
Manager of apartment complex steals property of one of the tenant's by using a master key; tenant sues owners and recovers damages because manager had a criminal history of theft.
What is an exception to the general rule that principals are not responsible for intentional torts or crimes of their agents unless they knew or should have known of the possible risk?
500
Employer replaces 50 year old employee with a 40 year old employee.
What is a potential age discrimination claim?
500
Mary and Susan enter into an employment contract that indicates it is at-will; however, Susan promises Mary that this is a mere formality and that she wont be fired except for severe misconduct. Susan fires Mary for no reason and Mary seeks to bring in evidence of this promise, which the court prohibits.
What is the parol evidence rule?
500
State law prohibits all travelers from Dallas or West Africa from entering its borders to do business.
What is a violation of the Commerce Clause and possibly the Equal Protection Clause?
500
Teenager texting while driving hits a drunk driver who was swerving head on, causing the drunk driver injuries, but also preventing the drunk driver from hitting a girl who walked into the street.
What is comparative/contributory negligence?