Gm597 Week 5 Assignement Essay

1269 words - 6 pages

Week 5

29.2
Independent Contractor :Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes fell while trying to cross a 6-inch-deep stream while the tour group was on a walking tour to see hippopotami in a river at a game reserve. In the process, she injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable? Connolly v. Samuelson, 671 F.Supp. 1312, Web 1987 ...view middle of the document...

Before reporting for work on the evening of the accident, Rogers had consumed approximately seven mixed drinks containing vodka and had chugalugged a 27-ounce drink containing two minibottles of tequila. His blood alcohol content after the accident was .18 percent.
Evidence showed that the use of alcohol and marijuana was widespread at NAC and that the company made no effort to curtail such use. Evidence further showed that NAC vehicles were returned with beer cans in them and that on one occasion, an NAC supervisor who had observed drivers smoking marijuana had told the drivers to “do it on the road.” Ray Johnson sued Rogers and NAC for the wrongful death of his child, David, and physical injury to Ray. Is NAC liable? Johnson v. Rogers, 763 P.2d 771, 90 Utah Adv.Rep.3, Web 1988 Utah Lexis 81 (Supreme Court of Utah)
Answer:
By analyzing the incident, the driver was in default. He was been careless and caused harm to the plaintiff.  
NAC is also liable under the doctrine of respondeat superior. A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
 
During the incident, Donald reported for work and was driving NAC's truck so he was acting within the scope of his employment.
 
The facts as to the drinking would subject NAC to punitive damages but they would be liable even if Donald had not been drinking since he was at fault in the accident.
 
Donald is also negligent and can be held responsible. Examples of conduct that may give rise to a presumption of negligence include: driving under the influence of drugs or alcohol.
 34.7
Liability of General Partners Pat McGowan, Val Somers, and Brent Robertson were general partners of Vermont Place, a limited partnership formed for the purpose of constructing duplexes on an undeveloped tract of land in Fort Smith, Arkansas. The general partners appointed McGowan and his company, Advance Development Corporation, to develop the project, including contracting with materials people, mechanics, and other suppliers. None of the limited partners took part in the management or control of the partnership. Eight months later, Somers and Robertson discovered that McGowan had not been paying the suppliers. They removed McGowan from the partnership and took over the project. The suppliers sued the partnership to recover the money owed them. The partnership assets were not sufficient to pay all their claims. Who is liable to the suppliers? National Lumber Company v. Advance Development Corporation, 293 Ark. 1, 732 S.W.2d 840, Web 1987 Ark. Lexis 2225 (Supreme Court of Arkansas)
Answer:
Under the law of partnership, all partners were jointly and severally...

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