Bus 531 Week 5 6 Assessed Questions

1282 words - 6 pages

Week 5 -Six Assessed Questions
1.
Facts:
An English professor puts a comment on a student’s composition which says, “Can’t you write at all?  You are writing at a third grade level and will never be able to graduate from this university!”  The student is extremely upset and sues the professor for intentional infliction of emotional distress. 

Issue:
Is the English Professor guilty of intentional inflicting emotional distress on the student?

Rule:
Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person.

Application:
The English Professor did write some very ugly comments on the student's paper, but it would be very hard ...view middle of the document...

Or it could be written or media.

Application:
Northwest Pipeline Corporation did not make any false statements about Dorothy Yu, she did infact admit she had the document. Also, Northwest has to inform Utah Job Service as to why Dorothy Yu was let go if she was trying to receive unemployment benefits.

Conclusion:
Dorothy Yu does not have a case.

3.
Facts:
Laura promised her roommate Betsy that she (Laura) would "take care" of getting renter's insurance on their apartment. Two months later, when the apartment was broken into and looted, Betsy discovered that Laura had not purchased the insurance. Is there any theory under which Betsy might be able to recover damages from Laura in this case?

Issue:
Is there any theory under which Betsy might be able to recover damages from Laura?

Rule:
Promissory Estoppel claim may apply).
Through Promissory Estoppel, liability is imposed when the promisor has made a promise and has caused another party to incur damages based upon reliance on that promise, and such detrimental reliance was foreseeable by the promisor. In promissory estoppel cases, a contract was not formed, but one party will have relied upon the promise of the other party to his detriment. In order to prevent injustice, the court imposes liability through promissory estoppel.

Application:
 Laura promised her roommate Betsy that she would “take care” of getting the renter's insurance on their apartment. Laura did not follow through with her promise; which caused Betsy to incur a lose. Betsy can not file an insurance claim to get her stuff replaced because her roommate did not get the insurance.

Conclusion:
Betsy can sue her roommate, Laura, to get her things replaced.

4.
Facts:
Jack applied to Intex Corp., a company with 15 or more employees, for a job maintaining and repairing it's copy machines on an "as needed" basis. Jack has his own tools. Jack is also trying to get contracts with other companies to repair their copy machines. If Jack is hired, is he a part-time employee or an independent contract?

Issue:
If Jack is hired, is he a part-time employee or an independent contract?

Rule:
For purposes of the FLSA, the courts have been very active in defining who is an employee as opposed to an independent contractor. The trend has been that the courts have increasingly found workers to be employees. They cite such factors as whether the worker is employed by a single employer or multiple employers; whether the relationship appears to be permanent; and the degree to which workers lack bargaining power regarding the terms of their employment. Independent Contractors are not covered by the FLSA.

Application:
If Jack is hired he will be fixing the machines on as :as needed” basis. Also, Jack is trying to get contracts with other companies to fix their machines.

Conclusion:
In the beginning Jack would be an...

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