Description

Your Assignment is to: (with your name on it),

1. Analyzeeach of these threecases in your mind and then state the legal issues to be considered.

2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List the strengths and weaknesses you identify.

3. Deduce logical and specific arguments based on the information you have learned in the Chapters we have covered for this test of your textbook and what you have learned in this course. (I am looking for verifiable deductions from the material we have covered and not just your opinion). You also must cite the source which is the basis for your deduction such as the cases or the writings that are similar which we have covered. You may also seek and cite outsource reputable sources.

4. Infer and state your logical legal conclusions based on your analysis, evaluations, and evidence you have previously stated. This legal conclusion should include (a.) who should win the law suit, and legally why and (b.) who should win the law suit.

Question 1 (10 points)

Case #1 -Dr. George Hall hired Ivan Davey, who was Tom Amear's partner, to do landscaping and other household maintenance. Hall would tell Davey what needed to be done, and Davey, Amear, and others would do the work. Davey and Amear controlled their own hours and methods. When Hall asked Davey to install fiberglass over four spaces formed by exposed beams connecting the carport and the house, Hall did not instruct Davey how to do the job. It was Amear's idea to climb out on a beam to install the fiberglass. But the beams were purely decorative with no structural purpose, and the beam collapsed under Amear, who fell and severely injured himself. Amear claimed that he was an employee of Dr. Hall and that Hall had failed to provide and maintain a safe working condition. Hall claimed that Amear was an independent contractor. Dr. Hall won in the lower court but Amear appealed to the higher court.

What should the higher court hold as to the legal issue here? What is the legal basis for the Plaintiff's (Amear) case? Substantiate your answer by legal reasoning. What is the legal basis for Dr. Hall's defense? Explain this defense.Amear v. Hall,296 S.E.2d 611 (1982)