Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

develop a complete F-IRAC following the prompts provided. 100 points possible for each question Employee v. Independent Contractor Status Anthony Thoms was hired by Jonathan

image text in transcribed
image text in transcribed
develop a complete F-IRAC following the prompts provided. 100 points possible for each question
Employee v. Independent Contractor Status
Anthony Thoms was hired by Jonathan Quick of Sun Vacations, Inc., to create a computer program for Sun Island to use in maintaining records of its cash receipts, inventory, sales, figures, and other data. No agreement was reached as to ownership rights in the program that Thoms developed, called CRISOD. Thoms did most of his programming at the Sun Vacations office. Although Quick gave Thoms frequent instructions as to what he wanted from the program, Thoms generally worked alone and enjoyed considerable autonomy in his work. He worked regular hours, but he was not always paid by the houroccasionally, he submitted bills (invoices) to Sun Vacations for his work. Thoms never received any employee benefits, such as health insurance, and Sun Vacations never withheld federal and state taxes from Thoms paycheck; nor did it pay any Social Security taxes on Thoms earnings. When Quick unilaterally cut Thoms hours in violation of an alleged oral agreement, Thoms left Sun Vacations and demanded compensation for Sun Vacations use of CRISOD. Quick refused to pay Thoms for the programs use and also stated that he would not pay Thoms $14,560 in back wages unless Thoms signed a form releasing all rights in CRISOD. Thoms then sued Quick and Sun Vacations for copyright infringement, and the court had to decide who owned the copyright in the program.
Do not discuss copyright law beyond what is presented in the text. Central to the determination of this issue was whether Thoms was an employee of Sun Vacations or an independent contractor. Using F-IRAC determine the rights to CRISOD based on Thomas status at Sun Vactaions
Agent/Principal Liability
Tom works as a traveling salesperson for his company Steel Products Inc. Tom has a specific geographic area in which to solicit orders and service companies during assigned time periods. He has been provided a company car for this purpose. When his company car is in the shop for maintenance Tom takes his personal car to use covering his sales calls. Having finished all of his calls in Steeltown before noon he leaves for Coaltown for his next appointment at 2 pm. Knowing that Coaltown is only 20 miles away he decides part way down the road to visit an old college friend who lives just 10 miles off the main road. Tom suddenly realizes that it is 1:45 pm and he will be late for his first appointment in Coaltown. In his rush to get back to the main road, Tom crashes his car into a tractor severely injuring JohnJohn the tractor driver who files a complaint against Steel Products for his injuries.
Use F-IRAC to analyze Steel Products liability to JohnJohn
develop a complete F-IRAC following the prompts provided. 100 points possible for each question Employee v. Independent Contractor Status Anthony Thom's was hired by Jonathan Quick of Sun Vacations, Inc., to create a computer program for Sun Island to use in maintaining records of its cash receipts, inventory, sales, figures, and other data. No agreement was reached as to ownership rights in the program that Thom's developed, called CRISOD. Thom's did most of his programming at the Sun Vacations office. Although Quick gave Thom's frequent instructions as to what he wanted from the pro- gram. Thom's generally worked alone and enjoyed considerable autonomy in his work. He worked regular hours, but he was not always paid by the hour-occasionally, he submitted bills (invoices) to Sun Vacations for his work. Thom's never received any employee benefits, such as health insurance, and Sun Vacations never withheld federal and state taxes from Thom's paycheck; nor did it pay any Social Security taxes on Thom's earnings. When Quick unilaterally cut Thom's hours in violation of an alleged oral agreement, Thom's left Sun Vacations and demanded compensation for Sun Vacations' use of CRISOD. Quick refused to pay Thom's for the program's use and also stated that he would not pay Thom's $14,560 in back wages unless Thom's signed a form releasing all rights in CRISOD. Thom's then sued Quick and Sun Vacations for copyright infringement, and the court had to decide who owned the copyright in the program Do not discuss copyright law beyond what is presented in the text. Central to the determination of this issue was whether Thom's was an employee of Sun Vacations or an independent contractor. Using F-IRAC determine the rights to CRISOD based on Thomas status at Sun Vactions Agent/Principal Liability Tom works as a traveling salesperson for his company Steel Products Inc. Tom has a specific geographic area in which to solicit orders and service companies during assigned time periods. He has been provided a company car for this purpose. When his company car is in the shop for maintenance Tom takes his personal car to use covering his sales calls. Having finished all of his calls in Steeltown before noon he leaves for Coaltown for his next appointment at 2 pm. Knowing that Coaltown is only 20 miles away he decides part way down the road to visit an old college friend who lives just 10 miles off the main road. Tom suddenly realizes that it is 1:45 pm and he will be late for his first appointment in Coaltown. In his rush to get back to the main road, Tom crashes his car into a tractor severely Injuring John John the tractor driver who files a complaint against Steel Products for his injuries. Use F-IRAC to analyze Steel Products liability to John John develop a complete F-IRAC following the prompts provided. 100 points possible for each question Employee v. Independent Contractor Status Anthony Thom's was hired by Jonathan Quick of Sun Vacations, Inc., to create a computer program for Sun Island to use in maintaining records of its cash receipts, inventory, sales, figures, and other data. No agreement was reached as to ownership rights in the program that Thom's developed, called CRISOD. Thom's did most of his programming at the Sun Vacations office. Although Quick gave Thom's frequent instructions as to what he wanted from the pro- gram. Thom's generally worked alone and enjoyed considerable autonomy in his work. He worked regular hours, but he was not always paid by the hour-occasionally, he submitted bills (invoices) to Sun Vacations for his work. Thom's never received any employee benefits, such as health insurance, and Sun Vacations never withheld federal and state taxes from Thom's paycheck; nor did it pay any Social Security taxes on Thom's earnings. When Quick unilaterally cut Thom's hours in violation of an alleged oral agreement, Thom's left Sun Vacations and demanded compensation for Sun Vacations' use of CRISOD. Quick refused to pay Thom's for the program's use and also stated that he would not pay Thom's $14,560 in back wages unless Thom's signed a form releasing all rights in CRISOD. Thom's then sued Quick and Sun Vacations for copyright infringement, and the court had to decide who owned the copyright in the program Do not discuss copyright law beyond what is presented in the text. Central to the determination of this issue was whether Thom's was an employee of Sun Vacations or an independent contractor. Using F-IRAC determine the rights to CRISOD based on Thomas status at Sun Vactions Agent/Principal Liability Tom works as a traveling salesperson for his company Steel Products Inc. Tom has a specific geographic area in which to solicit orders and service companies during assigned time periods. He has been provided a company car for this purpose. When his company car is in the shop for maintenance Tom takes his personal car to use covering his sales calls. Having finished all of his calls in Steeltown before noon he leaves for Coaltown for his next appointment at 2 pm. Knowing that Coaltown is only 20 miles away he decides part way down the road to visit an old college friend who lives just 10 miles off the main road. Tom suddenly realizes that it is 1:45 pm and he will be late for his first appointment in Coaltown. In his rush to get back to the main road, Tom crashes his car into a tractor severely Injuring John John the tractor driver who files a complaint against Steel Products for his injuries. Use F-IRAC to analyze Steel Products liability to John John

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Fundamentals Of Corporate Finance

Authors: Stephen A Ross, Randolph W Westerfield, Bradford D Jordan

7th Edition

0073134295, 9780073134291

More Books

Students also viewed these Finance questions

Question

The fear of making a fool of oneself

Answered: 1 week ago

Question

Annoyance about a statement that has been made by somebody

Answered: 1 week ago