Question
Answer the questions following the fact patterns using the IRAC format . You must answer at least 3 questions using IRAC. Any questions answered after
Answer the questions following the fact patterns using theIRAC format. You must answer at least 3 questions using IRAC. Any questions answered after that will be considered for extra-credit:
[A] Constance is a full time employee in a Company that has 125 employees.. Constance has been caring for her sick mother for the last few months. She finally goes out on leave from Company under California's Leave Law. After 6 weeks she decides that her interests are better served using the Federal law. She informs Company of her decision to change. Company allows her to switch.
1] Assume Constance can switch. She now wants to return to Company as her mother's health has significantly improved. Company refuses to give Constance her former job back. However, Company will provide a position that compensates less in salary and benefits. Constance sues Company. Who wins and why?
[B} Winston is 50 years old. He has worked in Office for the last 15 years. Office has traditionally released every worker once that worker has reached the age of 50. Office has50 employees and acquires contratcs for interstate trucking.
1] Winston sues Office for wrongful discharge. A review of Winston's work history shows that his evaluations have always been stellar. The requirements for the position that Winston occupies are not strenuous and it has been proven that Winston can still satisfy those demands. Who wins the suit? Explain.
[C] James and Conrad enter into a valid contract that reads, "Conrad will pick-up and deliver to James a car. Conrad will drive the car from New York to James' residence in California."
1] While driving the car to California Conrad is involved in an accident with Aileen. Aileen sues Conrad and wins. Conrad pays Aileen. What is Conrad's best argument to recover from James?
[D] Cicily and Angela have been best friends since kindergarten. Angela has always invited Cicily to dinner for "Friday nights out". When Cicily has invited others Angela has paid for them as well. Either Cicily or Angela has told Waiter to add the bill to Angela's tab. Angela always pays the tab the following week.
1] Cicily visits restaurant on Friday night without Angela. She and her friends enjoy food and drinks. Cicily tells waiter to put it on Angela's tab. He does so. Angela refuses to pay. What is restaurant's best argument to recover for the bill? Explain.
[E] Coltrane, Miles, and Dizzy enter into a contract that reads, "We agree to form CMD Jazz as a general partnership with a right of survivorship." After having properly complied with all statutory requirements the three begin operation of the business "CMD Jazz".
A] Dizzy encounters financial problems. He goes to Bank and acquires a loan in his name only. However, without permission, he uses his interest in CMD Jazz as collateral. Dizzy dies before repaying the loan. Bank has now sued CMD Jazz to recover on the loan. Will Bank be successful? Explain.
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