1)Evan Smith experienced a heart attack in the emergency room of Baptist Memorial Hospital after being given a dose of penicillin for a sore throat. Smith sued the attending physician as well as the hospital. The hospital called itself a full-service hospital with emergency room facilities. Baptist Memorial did not consider the doctors to be its agents. For tax and accounting purpose the doctors were not treated as employees of the hospital. Based on this information, discuss whether the doctors who treated patients in the emergency room were agents of the hospital.
2) As a beginning songwriter and performer, you are convinced that a certain model of guitar is what you need to turn the musical world on its ear. Chick’s Music store advertises the item but because the store is sold out when you get there, you accept a rain check signed by Daria, one of the employees. You return to the store one month later, but Chuck refuses to honor the rain check. Under the CC would you win your suit to enforce the contract? Why or Why not?
3)On May 1, you contract orally with Johnny, a salesperson with Keyboards Emporium, to buy for $450 an electric organ for your personal enjoyment with delivery to occur on July 1. On May 15, you ask for delivery on June 1 and Johnny agrees. But delivery does not occur on June 1. The store later tells you delivery will be on July 1 as agreed in the first place. Under the CC which delivery date is binding? Explain. Would there be a difference under common law contracts? Explain
4). California Consumers Co. purchased from S.L.Coke an ice distributing business in the city of Santa Monica. In the purchase agreement, Coke agreed that he would not engage in the business of selling or distributing ice either directly or indirectly in Santa Monica, so long as the purchasers or any later purchasers remained in the business. Imperial Ice Co. acquired the ice distributing business from California Consumers. Coke subsequently began selling ice in the same territory. The ice was supplied to him by a company owned by Rosier and Mathewson on very attractive terms, because they wanted to break into the territory. Imperial Ice sued to obtain an injunction to restrain Coker from violating his original contract. Did Rosier induce Coke to violate his contract and were they therefore liable for the tort of wrongful interference with contractual relations? Explain.
5). There are extensive federal regulations governing airplanes and pilots. Assume that the state of New York passed a statute containing numerous requirements, some conflicting with federal regulations, covering operation of airplanes and licensing of airplane pilots.
If the New York state statue is challenged as being unconstitutional, what is the likely result? Describe the applicable law and rationale for your conclusion. Equals 4 pt
ESSAY 10 points each
1)John H. Surat was one of John Wilkes Booth’s alleged accomplices in the murder of President Lincoln. On April 29, 1865, the Secretary of War issued and caused to be published in newspapers the following proclamation: “$25,000 reward for the apprehension of John H. Surat and liberal rewards for any information that leads to the arrest of John H. Surat.” On November 24, 1865, President Johnson revoked the reward and published the revocation in the newspapers. Henry B. St. Marie learned of the reward but left for Rome prior to its revocation. In Rome, St. Marie discovered Surrogates whereabouts. In April, 1866 unaware that the reward had been revoked, he reported this information to U.S. officials. Based on this information Surat was arrested. The government denied St. Marie the reward.
- Should Marie have received the reward? Explain. Be sure to include in the discussion any theories of recovery Marie would argue as well as those the government would use to defeat Marie.
- If Marie were to get the award, would he be entitled to the full $25,000? Explain.
- What if this had occurred in the year 2010 and the reward was published not in a newspaper but on the Internet as was the revocation. Would the result be the same?Would it be the same if the award was published on the Internet, but the revocation in the newspaper? Explain
2) Stephen Brooks was employed as a sales representative for the Bob King Mitsubishi car dealership. Reba Stanley, age eighteen, met with Brooks to test drive a Mitsubishi pickup truck. During the test drive, Brooks assaulted Stanley “by touching and grabbing her arms, hands, groin area, and breasts. He also exposed his genitals and placed her hand on his private parts.” When they returned from the test drive, Brooks took her to the Mitsubishi service department “and exposed himself again and tried to force her to touch him.” Stanley was able to free herself and left the dealership. Brooks was later convicted on charges arising out of the incident. Stanley sued both Brooks and the car dealership, claiming the she suffered intentional infliction of emotional distress.
- What must Stanley prove in order to win her case and why.
- The dealership argued that the case against them should be dropped as they were not responsible for Brook’s actions, and asked the court to grant a motion for summary judgment. The defense argues that the motion should be denied under the doctrine of “respondent superior”. Should the court grant the motion? If so why or if not why not?