Cuyahoga Community College Business Law Project
This project is worth a total of 60 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 and spelling. For this project, you must answer all of the questions in response to each of the three 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 semi-truck on Route 90 in Cleveland. 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, debris from the road was kicked up from the tires on the truck in front of them and hit the windshield of 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, which is headquartered in Pennsylvania. 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:
- 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.
- Identify the potential legal defense(s) that could be raised, including an explanation of why that defense is appropriate and whether that defense will be successful.
- Discuss whether jurisdiction exists to sue A.T.R. Trucking in a state court in Ohio. Make sure to first fully explain the law and then completely and thoroughly analyze the facts of the case as compared to the law.
- Assume that the one of the defendants approaches Kim and Josh and offers to pay them $10,000 in exchange them dropping their lawsuit. If Kim and Josh accept it, 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
Tammi works as a sales clerk at a large department store. She is not part of a union. Unfortunately, her health is not very good, and she suffers from a chronic kidney disease. At first, the disease does not affect her ability to go to work. But over time, the disease continues to worsen and she requires dialysis treatments. She is only able to receive these treatments on Mondays, Wednesdays, and Fridays, from 9:00am – 11:00am. However, she is scheduled to work during those hours. Her normal work schedule is Monday through Friday, from 9:00am – 5:00pm, a shift which she has worked for the past five years.
Tammi asks her supervisor if she can change her work schedule so she can go to her treatment appointments and still work 40 hours a week. Tammi thinks that her request is reasonable because there are over 100 people who work in the department store, so she figures that her supervisor will be able to find someone else to fill in for her while she’s at her appointments.
Over time, Tammi’s disease gets progressively worse. It gets to the point where she is too ill to come to work. Tammi tells her supervisor that she is unable to work and that she doesn’t know how long she will have to be off for due to her medical condition. Her supervisor tells her not to worry about her job and that it will be there for her no matter how long she needs to be off of work. At that point, Tammi had enough sick leave and vacation time to cover her absence for two months. Her supervisor told her that she would need to use up her sick and vacation time concurrent with any other leave that she was entitled to under the law. After four months of not being able to work, Tammi is finally starting to get better and is able to start working again. Tammi calls her supervisor and tells him that she is able to return to work. Her supervisor says that he’s not sure if she can come back at that point and that he will need to check to see if she can return. After a week, her supervisor calls her back and says that her employment is going to be terminated due to her extended absence beyond what her sick and vacation leave covered.
Answer the following:
- Discuss the laws that apply to this situation. Make sure to fully state the laws and how they apply. Discuss what the employer is required to do when Tammi first tells her boss about her need for a schedule change.
- Discuss what the employer is required to do at the point when Tammi is unable to come to work anymore.
- When Tammi is able to return to work, discuss whether or not her employer is required to allow her to return.
- Discuss the law upon which the employer made the decision to terminate. Discuss whether or not Tammi was unjustly terminated. Make sure to consider contract law and whether any doctrine applies to this situation based on the statements made to Tammi by her supervisor regarding guaranteeing her return to employment.
Case Scenario #3
Anthony is a chef who owns a small restaurant in Cleveland, Ohio as a sole proprietor. Because the business is struggling in the beginning, Anthony frequently puts money from his own personal account into the business account for the restaurant. After a while, business is picking up and he decides to expand by purchasing a food truck. In the beginning he is able to run the food truck during the day, and then open his restaurant just in the evening for dinner. Soon after opening the food truck Anthony starts receiving offers to have his food truck at different events in the evening. Since Anthony can’t be the chef at his restaurant and also run the food truck at the same time, he decides to bring another chef on board. He then hires Mario to run the food truck for him.
One weekend, Mario is out working the food truck. A customer named Susan approaches him and tells him how much she loves the food and asks if he can cater her upcoming birthday party on June 9th. Mario, excited to be bringing in additional business for the restaurant, readily agrees. Unbeknownst to Mario, Anthony already committed the food truck to catering another party on June 9th. When Mario tells Anthony that he booked the food truck for June 9th, Anthony yells at Mario, telling him “I don’t pay you a salary to make business decisions of that kind when only I have the right to make those decisions! I’m the owner of this restaurant, not you, so I am the only one who should be booking the food truck. From now on, you have to check with me first before booking the truck for any more business!” Mario, embarrassed at his misstep, apologizes and says he understands.
A week later, Mario is out again with the food truck. On his way to the normal lunch location where he parks to serve lunch to customers, he receives a text message and looks down at his phone to read it. When he looked up, he didn’t have enough time to stop and he accidentally rear-ended the vehicle in front of him. As a result, he received a traffic citation. When Mario reported to Anthony that he was involved in the fender-bender and that it was his fault, Anthony was upset, but told Mario that accidents happen, and that the new rule is that no cell phone use is permitted when operating the food truck.
Business keeps increasing for the restaurant and Anthony is becoming well-known in the city. Anthony decides that he wants to grow his business by incorporating and gaining investors. Anthony incorporates his business and is the only shareholder, but intends to reach out to other investors.
One day, Anthony fell on some hard times in his personal life. Due to some bad investments with what ended up being a pyramid scheme, Anthony lost most of his money. Embarrassed and desperate, Anthony deposits some money from the restaurant’s business account into his own account to cover his personal expenses. Anthony figures that he put enough of his own money into the restaurant in the beginning, and that he is entitled to be reimbursed for those contributions. After he takes money from the restaurant, one of the investors in the business sues the restaurant and Anthony personally, asserting that the business didn’t have enough funds to pay its creditors.
Answer the following:
- Discuss the business relationship between Anthony and Mario when Mario was first hired.
- Discuss the type of authority that Mario had when he agreed to cater the birthday party on June 9th. Discuss whether or not the restaurant is obligated to cater that birthday party.
- Assume that the person whose vehicle was rear-ended by Mario files suit against the restaurant. Discuss whether the restaurant is liable for the damage caused by Mario.
- Discuss whether Anthony can be held personally liable in the lawsuit that was filed by the investor. Make sure to fully explain the law that applies.
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