Business Law Case Scenerio’s #’s 1-4

This project is worth a total of 80 points. It must be turned in via the corresponding portal in Blackboard. You will be graded on accuracy of information and thoroughness of your discussion of the issues in addition to grammar. For this project, you must answer all of the questions in response to each of the four case scenarios. Your answers must be written in complete sentences, and in an organized, clear manner. You must also properly label your answers to correspond with each question. Case Scenario #1 Kim and Josh, who are husband and wife, are driving down the highway behind a large truck. The truck had a sign on the rear warning other drivers to maintain a distance of at least 20 feet from the rear of the truck. Josh, who is notorious for tailgating, was following very closely behind the truck; well within 20 feet. As they are driving, the rubber from the tire on the truck in front of them suddenly flies off the wheel and hits their car. Josh, who is driving the car, loses control and swerves off of the side of the highway. The car hits the guardrail. The driver of the truck pulls over to the side of the road. He sees Josh and Kim’s car behind him, and rushes back to see if they are okay. Kim and Josh both end up suffering injuries from the air bags deploying. Also, the windshield of their car broke and glass flew everywhere, cutting both Kim and Josh. The paramedics came and took them both to the hospital. They both incurred hospital bills from this incident, and one week of missed time at work. The truck driver, Bill, works for a big company called A.T.R. Trucking. Bill was working for his employer on the day in question, transporting a load to Pennsylvania. Bill did not suffer any injuries from this accident. Answer the following: 1) Identify the potential causes of action that could be filed by Kim and Josh, and against whom the cause(s) of action will be filed. You must include all the elements of each cause of action you identify and an explanation of how the plaintiffs can prove the elements for each cause of action. 2) Identify the potential defense(s) that could be raised, including an explanation of why that defense is appropriate and whether that defense will be successful. 3) Identity all of the possible damages Kim and Josh can receive in this case, including an explanation of why that particular type of damage is available to them. List what type of evidence/documents she will need to present to show they are entitled to those damages. 4) Assume that the one of the defendants approaches Kim and Josh and offers to pay them $10,000 in exchange them dropping their lawsuit. Would this be a valid contract? Make sure to explain why or why not, what elements are required to be present for it to be a valid agreement, and whether those elements are satisfied in this case. Case Scenario #2 Samuel works as a customer service representative for American Flag Bank (A.F. Bank). Every year, A.F. Bank gives out a generous end-of-the-year cash bonus. Samuel has been looking forward to his bonus because he is counting on the extra money to help pay off some school debt he has. This year, however, the budget has been tight and A.F. Bank can only afford to give its employees a membership to the “jelly of the month” club for the bonus. When Samuel finds out that he is getting the membership instead of the cash, he gets angry and goes online to Facebook. He fires off the following post: “A.F. Bank is run by a bunch of cheap cowards who would rather save a buck than take care of its employees. I’ve worked for this bank for the past 12 years, and I’ve always done a great job. I still have school loans I’m trying to pay off, and my salary isn’t enough to pay for it. I have relied on this cash bonus every year for the past 12 years to help me pay off my debt. A.F. Bank is only concerned about its bottom line. It is ridiculous that it is cutting the end of the year bonus for its employees, when it has already taken jobs away from us by outsourcing to other countries, probably hiring people to work for pennies and treating them badly. Everyone knows that other countries don’t have the same employment standards as the U.S. I bet that A.F. Bank makes all of the overseas employees work 7 days a week for 12 hours. That is just the kind of company A.F. Bank is. I’m so disgusted by their behavior. I guess in the end, it’s all about the money for them, just like every other company.” A.F. Bank has a social media policy which states the following: “Employees are not permitted to post confidential information about the Bank or its customers on any type of social media, or relay that information to anyone who is not an employee of A.F. Bank who is entitled to have that information. Employees are required to act in a professional and respectful manner when posting on social media that is reflective of the values of A.F. Bank. Comments which are discriminatory or suggest violence against others will not be tolerated, and may result in discipline up to and including termination.” Answer the following: 1) Discuss whether Samuel is permitted to make the statements that he made; make sure to identify if there is anything which either protects or prohibits Samuel’s statements in this case (hint: consider Constitutional law, tort laws, and the policy). 2) Discuss whether Samuel would be successful if he tried to sue A.F. Bank to compel it to pay him an end-of-the-year cash bonus consistent with what he’s received in the past on the basis of promissory estoppel. This includes an explanation of the elements of promissory estoppel and whether those elements can be met in this case. 3) What action can A.F. Bank take in response to the comments made by Samuel? Is A.F. Bank permitted to discipline Samuel? 4) How should the social media policy be changed to allow A.F. Bank to have a greater ability to regulate employees’ behavior on social media? Include draft language for this policy. Case Scenario #3 Suzanne works for a private parcel delivery company called F.P.S Inc. Her job requires her to drive around and deliver packages to people’s homes. Often times, she has to climb stairs to access a person’s front door because the package either doesn’t fit in the mailbox, or because the person lives in an apartment building that doesn’t have an elevator. She is scheduled to work 8 hours per day, 40 hours per week. On average, Suzanne spends approximately 5-6 hours outside of the car delivering the packages, and approximately 2-3 hours driving. Her employer has an office in 36 states in the U.S., with over 100 employees at each location. She has been working full-time for F.P.S. for the past 10 years in the same position. Suzanne used her personal time off to take a one-week vacation skiing in Colorado. While she was skiing, she lost control and ended up breaking her left leg. Her doctor told her that she was required to be on bed rest for 2 weeks. After that time, he could fit her for a walking cast. However, he told her that she would not be able to climb any staircases and had to limit her time walking during the day to two hours or less. Suzanne called her employer and informed her supervisor, Karen, of what the doctor said. Suzanne expressed concern to Karen about the cost of the medical bills she was incurring. Karen told Suzanne not to worry about that, and that she would check with management to see if F.P.S. Inc. could cover any expenses not covered by her health insurance, because that is something that has been done in the past for other employees. Suzanne was required to wear the cast for 6 weeks. After 6 weeks, it was discovered that her leg didn’t properly heal. Although her leg was no longer technically broken, the fact that it failed to heal properly caused Suzanne a lot of discomfort when walking. Her doctor told her that she should limit her walking to 4 hours per day or less, and that she shouldn’t climb more than a couple stairs at a time (meaning that she should not climb an entire flight of stairs). Suzanne called her supervisor and told her that she still couldn’t return to work because she couldn’t walk for the amount of time her normal shift required her to walk. Because she couldn’t perform the duties of her position, Suzanne’s employment was terminated at that time. Answer the following: 1) Identify the laws that Suzanne will raise in her lawsuit to show she should not have been fired, and explain how those laws protect her. This includes a discussion of who those laws protect, and the actions those laws require the employer to take. 2) Identify the argument F.P.S., Inc. will make to defend itself in this case and whether it will be successful in that defense. 3) Suzanne also files suit against F.P.S., Inc. alleging that the company is required to assist her with paying for her medical bills based on implied contract. Discuss whether Suzanne will be successful in this argument (this includes a discussion of the elements of implied contract and whether they will be met in this case). 4) Assume for the purposes of this question that F.P.S., Inc. would have been able to give Suzanne a job as a manager overseeing other employees that wouldn’t require her to do much walking. That position requires the employee to have a 4-year degree. Suzanne never went to college. Discuss whether F.P.S., Inc. would be required to offer that position to Suzanne as a reasonable accommodation, and explain why or why not. Case Scenario #4 Peter and Paul are college friends. After college, they decide to go into business together running a financial consulting firm advising wealthy individuals regarding retirement and other investment plans. They name their firm P&P Consulting. Because Peter is better with people, it is decided that his sole responsibility will be bringing clients into the firm. Paul, who is more business minded, is responsible for running the day-to-day administrative operations of the business. They also decide to split everything 50/50 between them, including expenses that they didn’t yet have the capital to pay for, as well as profits and losses. One day, a salesman comes to Peter and Paul’s office to sell computer software to P&P Consulting that will help keep their business and client information organized. Only Peter is in the office that day. Peter listens to what the salesman has to say, and thinks that this software would be great for their business. Peter signs a contract on behalf of P&P Consulting with the salesman agreeing to pay a monthly fee of $700 for this software for a period of 2 years. Paul later returns to the office and is furious when he finds out that Peter has signed this contract because he doesn’t believe this is an extra expense the business can afford to take on right now. Paul calls up the salesman and tries to get out of the contract. The salesman says that his company intends to enforce the agreement against P&P Consulting. After 5 years, Peter and Paul decide to incorporate their business. They change the name to P&P Consulting, Inc., and Peter and Paul are the only two shareholders. However, the business continues to run in the same manner they did before. The business doesn’t adhere to the required formalities that go along with running a corporation. It doesn’t have an annual shareholder meeting. While trying to pay some personal bills one day, Paul realizes that he doesn’t have enough money to pay the bill. To cover the expense, Paul takes money out of P&P Consulting, Inc. account and transfers it to his account so that the bill can get paid on time. When Paul receives his next paycheck, he reimburses P&P Consulting, Inc. for the full amount. Answer the following: 1) Discuss what type of business has been created when Peter and Paul first go into business together, and explain how that business has been created. 2) Discuss what type of authority Peter had to act in this case to enter into the contract with the salesman. 3) Assume that Paul never sends in payment for the contract with the salesman. Explain who will be liable on that contract and why. 4) Discuss whether Paul could suffer any liability for his actions after the business is incorporated. Make sure to fully explain your answer.
File #1

Business Law Case Scenerio’s #’s 1-4

This project is worth a total of 80 points. It must be turned in via the corresponding portal in Blackboard. You will be graded on accuracy of information and thoroughness of your discussion of the issues in addition to grammar. For this project, you must answer all of the questions in response to each of the four case scenarios. Your answers must be written in complete sentences, and in an organized, clear manner. You must also properly label your answers to correspond with each question. Case Scenario #1 Kim and Josh, who are husband and wife, are driving down the highway behind a large truck. The truck had a sign on the rear warning other drivers to maintain a distance of at least 20 feet from the rear of the truck. Josh, who is notorious for tailgating, was following very closely behind the truck; well within 20 feet. As they are driving, the rubber from the tire on the truck in front of them suddenly flies off the wheel and hits their car. Josh, who is driving the car, loses control and swerves off of the side of the highway. The car hits the guardrail. The driver of the truck pulls over to the side of the road. He sees Josh and Kim’s car behind him, and rushes back to see if they are okay. Kim and Josh both end up suffering injuries from the air bags deploying. Also, the windshield of their car broke and glass flew everywhere, cutting both Kim and Josh. The paramedics came and took them both to the hospital. They both incurred hospital bills from this incident, and one week of missed time at work. The truck driver, Bill, works for a big company called A.T.R. Trucking. Bill was working for his employer on the day in question, transporting a load to Pennsylvania. Bill did not suffer any injuries from this accident. Answer the following: 1) Identify the potential causes of action that could be filed by Kim and Josh, and against whom the cause(s) of action will be filed. You must include all the elements of each cause of action you identify and an explanation of how the plaintiffs can prove the elements for each cause of action. 2) Identify the potential defense(s) that could be raised, including an explanation of why that defense is appropriate and whether that defense will be successful. 3) Identity all of the possible damages Kim and Josh can receive in this case, including an explanation of why that particular type of damage is available to them. List what type of evidence/documents she will need to present to show they are entitled to those damages. 4) Assume that the one of the defendants approaches Kim and Josh and offers to pay them $10,000 in exchange them dropping their lawsuit. Would this be a valid contract? Make sure to explain why or why not, what elements are required to be present for it to be a valid agreement, and whether those elements are satisfied in this case. Case Scenario #2 Samuel works as a customer service representative for American Flag Bank (A.F. Bank). Every year, A.F. Bank gives out a generous end-of-the-year cash bonus. Samuel has been looking forward to his bonus because he is counting on the extra money to help pay off some school debt he has. This year, however, the budget has been tight and A.F. Bank can only afford to give its employees a membership to the “jelly of the month” club for the bonus. When Samuel finds out that he is getting the membership instead of the cash, he gets angry and goes online to Facebook. He fires off the following post: “A.F. Bank is run by a bunch of cheap cowards who would rather save a buck than take care of its employees. I’ve worked for this bank for the past 12 years, and I’ve always done a great job. I still have school loans I’m trying to pay off, and my salary isn’t enough to pay for it. I have relied on this cash bonus every year for the past 12 years to help me pay off my debt. A.F. Bank is only concerned about its bottom line. It is ridiculous that it is cutting the end of the year bonus for its employees, when it has already taken jobs away from us by outsourcing to other countries, probably hiring people to work for pennies and treating them badly. Everyone knows that other countries don’t have the same employment standards as the U.S. I bet that A.F. Bank makes all of the overseas employees work 7 days a week for 12 hours. That is just the kind of company A.F. Bank is. I’m so disgusted by their behavior. I guess in the end, it’s all about the money for them, just like every other company.” A.F. Bank has a social media policy which states the following: “Employees are not permitted to post confidential information about the Bank or its customers on any type of social media, or relay that information to anyone who is not an employee of A.F. Bank who is entitled to have that information. Employees are required to act in a professional and respectful manner when posting on social media that is reflective of the values of A.F. Bank. Comments which are discriminatory or suggest violence against others will not be tolerated, and may result in discipline up to and including termination.” Answer the following: 1) Discuss whether Samuel is permitted to make the statements that he made; make sure to identify if there is anything which either protects or prohibits Samuel’s statements in this case (hint: consider Constitutional law, tort laws, and the policy). 2) Discuss whether Samuel would be successful if he tried to sue A.F. Bank to compel it to pay him an end-of-the-year cash bonus consistent with what he’s received in the past on the basis of promissory estoppel. This includes an explanation of the elements of promissory estoppel and whether those elements can be met in this case. 3) What action can A.F. Bank take in response to the comments made by Samuel? Is A.F. Bank permitted to discipline Samuel? 4) How should the social media policy be changed to allow A.F. Bank to have a greater ability to regulate employees’ behavior on social media? Include draft language for this policy. Case Scenario #3 Suzanne works for a private parcel delivery company called F.P.S Inc. Her job requires her to drive around and deliver packages to people’s homes. Often times, she has to climb stairs to access a person’s front door because the package either doesn’t fit in the mailbox, or because the person lives in an apartment building that doesn’t have an elevator. She is scheduled to work 8 hours per day, 40 hours per week. On average, Suzanne spends approximately 5-6 hours outside of the car delivering the packages, and approximately 2-3 hours driving. Her employer has an office in 36 states in the U.S., with over 100 employees at each location. She has been working full-time for F.P.S. for the past 10 years in the same position. Suzanne used her personal time off to take a one-week vacation skiing in Colorado. While she was skiing, she lost control and ended up breaking her left leg. Her doctor told her that she was required to be on bed rest for 2 weeks. After that time, he could fit her for a walking cast. However, he told her that she would not be able to climb any staircases and had to limit her time walking during the day to two hours or less. Suzanne called her employer and informed her supervisor, Karen, of what the doctor said. Suzanne expressed concern to Karen about the cost of the medical bills she was incurring. Karen told Suzanne not to worry about that, and that she would check with management to see if F.P.S. Inc. could cover any expenses not covered by her health insurance, because that is something that has been done in the past for other employees. Suzanne was required to wear the cast for 6 weeks. After 6 weeks, it was discovered that her leg didn’t properly heal. Although her leg was no longer technically broken, the fact that it failed to heal properly caused Suzanne a lot of discomfort when walking. Her doctor told her that she should limit her walking to 4 hours per day or less, and that she shouldn’t climb more than a couple stairs at a time (meaning that she should not climb an entire flight of stairs). Suzanne called her supervisor and told her that she still couldn’t return to work because she couldn’t walk for the amount of time her normal shift required her to walk. Because she couldn’t perform the duties of her position, Suzanne’s employment was terminated at that time. Answer the following: 1) Identify the laws that Suzanne will raise in her lawsuit to show she should not have been fired, and explain how those laws protect her. This includes a discussion of who those laws protect, and the actions those laws require the employer to take. 2) Identify the argument F.P.S., Inc. will make to defend itself in this case and whether it will be successful in that defense. 3) Suzanne also files suit against F.P.S., Inc. alleging that the company is required to assist her with paying for her medical bills based on implied contract. Discuss whether Suzanne will be successful in this argument (this includes a discussion of the elements of implied contract and whether they will be met in this case). 4) Assume for the purposes of this question that F.P.S., Inc. would have been able to give Suzanne a job as a manager overseeing other employees that wouldn’t require her to do much walking. That position requires the employee to have a 4-year degree. Suzanne never went to college. Discuss whether F.P.S., Inc. would be required to offer that position to Suzanne as a reasonable accommodation, and explain why or why not. Case Scenario #4 Peter and Paul are college friends. After college, they decide to go into business together running a financial consulting firm advising wealthy individuals regarding retirement and other investment plans. They name their firm P&P Consulting. Because Peter is better with people, it is decided that his sole responsibility will be bringing clients into the firm. Paul, who is more business minded, is responsible for running the day-to-day administrative operations of the business. They also decide to split everything 50/50 between them, including expenses that they didn’t yet have the capital to pay for, as well as profits and losses. One day, a salesman comes to Peter and Paul’s office to sell computer software to P&P Consulting that will help keep their business and client information organized. Only Peter is in the office that day. Peter listens to what the salesman has to say, and thinks that this software would be great for their business. Peter signs a contract on behalf of P&P Consulting with the salesman agreeing to pay a monthly fee of $700 for this software for a period of 2 years. Paul later returns to the office and is furious when he finds out that Peter has signed this contract because he doesn’t believe this is an extra expense the business can afford to take on right now. Paul calls up the salesman and tries to get out of the contract. The salesman says that his company intends to enforce the agreement against P&P Consulting. After 5 years, Peter and Paul decide to incorporate their business. They change the name to P&P Consulting, Inc., and Peter and Paul are the only two shareholders. However, the business continues to run in the same manner they did before. The business doesn’t adhere to the required formalities that go along with running a corporation. It doesn’t have an annual shareholder meeting. While trying to pay some personal bills one day, Paul realizes that he doesn’t have enough money to pay the bill. To cover the expense, Paul takes money out of P&P Consulting, Inc. account and transfers it to his account so that the bill can get paid on time. When Paul receives his next paycheck, he reimburses P&P Consulting, Inc. for the full amount. Answer the following: 1) Discuss what type of business has been created when Peter and Paul first go into business together, and explain how that business has been created. 2) Discuss what type of authority Peter had to act in this case to enter into the contract with the salesman. 3) Assume that Paul never sends in payment for the contract with the salesman. Explain who will be liable on that contract and why. 4) Discuss whether Paul could suffer any liability for his actions after the business is incorporated. Make sure to fully explain your answer.
File #1