Please answer the following questions concerning the problem below. You should try to analyze as many of the legal concepts we have studied that reasonably apply to the fact situation. Do not make up new facts. Your answer should show that you understand these legal concepts, what is needed to prove them and how they are applied, and what defensive arguments might be offered as well as show you can make business recommendation that incorporates your legal analysis. Remember your goal is not to give a “right” answer, but rather to provide a full analysis..
You should take some time to edit this memo to make sure it is clear, well organized, compelling and concise Imagine you are writing it for a future boss and want to make a good impression.
1. While a student at University, Q. T. Chick was fortunate enough to obtain an unpaid summer internship (hoping for later employment) at a securities firm in downtown Boston. Because she lived fairly close to the office, she would often ride her bike there on nice days instead of taking public transportation. Among other menial duties, the firm sometimes asked her to bike to another office building downtown to deliver documents or paperwork. One day after stopping for lunch in the legal district as Sue-She Bar, Chick (known as “Quick Chick” to her cycling friends) ran into a pedestrian while delivering documents to a client. Chick was clearly negligent and therefore at fault and both she and the pedestrian, Per L. Eyzed were injured. Chick has little money and no insurance that covers bicycle accidents. Does either party have a legal basis to obtain monetary compensation from the securities firm? Discuss.
2. When a friend from University learns of her summer internship with the security firm, the friend naturally asks Chick for investment advice. Chick had worked in high school for May’s Flowers in Plymouth, MA and she recommended buying stock in May’s Flowers because she believed the current management team’s plan to become an internet retailer that it would launch next year will be quite successful. But she sent her friend to a discount broker to avoid the high fees at her then current firm. When she failed to get an employment offer from her internship, she constructed an employment profile on her various social media pages including the fact that she recommended buying stock in May’s Flowers. Chick further noted on her social media pages that the stock price had increased after her friend had purchased it and how she expected stock price to increase by at least 15% within the next year. Discuss any legal issues that may apply to this situation.
3. Chick interviewed with Ms.Vestments, an investment advisor firm that caters to the needs to female clients, but after the hiring committee saw Chick’s social media pages, they figured out she belonged to a conservative religion that treats men differently than women (e.g., only men can hold certain positions). Some hiring committee members felt women members of such a religion may not be as confident and aggressive as women from other religious groups. A few members also felt that her professional name “Q.T. Chick” might be considered derogatory by some women clients (e.g., “Cutie Chick”). Might Chick have any legal recourse if she learns of these considerations by the hiring committee? Discuss.
4. In a few years, May’s Flowers, Inc. grows to become one of three firms in the web-flower market each with ten percent market share. Market leader 1-800Flowers.com has 25% market share and FTD has 15%. Local retailers with a website make up the remainder of the market each with 1% or less of the market. May’s Flowers decides it wants to acquire the somewhat larger firm of FTD, but among other legal issues, it is concerned about liability issues for flower delivery accidents and delays that trigger its on-time delivery guarantees. May’s Flowers asks Chick for legal advice on this proposed transaction. Since she studied business law at University just like you have, what legal issues and advice do you think she should give to May’s Flowers? Explain.
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The question here is whether Chick or Per L. Eyzed has a legal basis to obtain monetary compensation from the securities firm.
To prove negligence, counsel must prove that there was a duty, a breach of that duty, causation, and damages. Duty is the obligation to act as a reasonably prudent person would in the same or substantially similar condition. Breach is the failure to act in that manner. Causation is made up of both actual and proximate cause. Actual cause means but for the breach of duty, the plaintiffs would not have been injured. Proximate cause means the injuries were foreseeable. Foreseeability depends on both reasonable anticipation and often actual knowledge. Damages are defined as the consequence the plaintiff suffered due to the defendant’s breached duty. Damages must be physical or financial, not just mental.
Per respondeat superior, an employer is liable for the tortuous conduct of an employee when the employee acted within the scope of their employment. If the tort committed was intentional in its nature then the employer is not liable unless the employee uses force, even misguidely, wholly or partly to further the employer’s purpose. The employer of an independent contractor is not vicariously liable for the actions of said independent contractor. To determine whether an individual is an independent contractor, one must examine the level of control the employer had over the employee. The more control, the more likely the individual is an employee and not an independent contractor. If an employee abandons, even...
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