Each question is hypothetical and needs to be in the IRAC method. There is no other data or graphic link and is not an "incomplete question"

1.Shelly A. Johnson claims that her brother-in-law, Michael P. Donnelly, a former employee of Nationwide, induced her to invest $70,000 in a Nationwide tax-free mutual fund. At the time she made the investment, Shelly was unaware that Michael was no longer an agent of Nationwide though he still carried the unique badge he had from Nationwide. After she discovered that Michael had misappropriated the funds, Shelly sues Nationwide.

A. What is the most likely result of the lawsuit? Explain.

1. Mauricio, Iragorri fell to his death down an empty elevator shaft after a repair person employed by International Elevator, Inc. (International), propped open the elevator door with a screwdriver and left the entrance-way unattended and unbarricaded while the elevator car was not in place. Mr. Iragorri's surviving spouse, Haidee Iragorri, brought suit against the manufacturer Otis Elevator Company. Her complaint alleges that International (the company that maintained and repaired the elevator in question) was negligent in its duties, and that the negligence of International is attributable to Otis Elevator on a principal/agent theory.

A.What are the required elements that Ms. Iragorri must prove to show that International was the agent of Otis Elevator? Explain.

B.What factors may Otis Elevator establish to show that International was an independent contractor and thus not liable for International's negligence?

[Hint: agency; independent contractor]