Hypothetical #1: Grocery Store v. Employee

A grocery store has a staff shortage and requires employees to work extra shifts or face penalties, including termination of employment. One of the customers drops a jar of pickles, which shatters on the floor. No one cleans up the mess for 30 minutes. Wes Worker slips and falls on the wet floor, slicing his hand on the broken glass and requiring stitches. Wes is unable to work while his hand heals so the grocery store fires him.

QUESTION #1: (1 point)

What tort should Wes bring against the grocery store?

QUESTION #2: (2 points)

What are elements of the tort you identified when answering Question #1?

QUESTION #3: (2 points)

Who is most likely to win the tort claim: Wes or the grocery store? What will be the easiest element for Wes to prove? The most difficult? Explain your reasoning.

QUESTION #4: (1 points)

What employment claim should Wes bring against the grocery store?

QUESTION #5: (2 points)

What are the elements of the employment claim you identified when answering Question #4?

QUESTION #6: (2 points)

Who is most likely to win the employment claim: Wes or the grocery store? What will be the easiest element for Wes to prove? The most difficult? Explain your reasoning.

Hypothetical #2: My Pillow v. Bed Bath & Beyond

After the insurrection at the Capitol on January 6, 2021, Bed Bath & Beyond stopped selling My Pillow products and informed the My Pillow CEO that it was canceling its contract with the company. The CEO had been active in Trump's campaign to overturn the election results and told the insurrectionists to "fight like hell." My Pillow sues Bed Bath & Beyond.

QUESTION #7: (1 point)

What tort claim should My Pillow bring against Bed Bath & Beyond?

QUESTION #8: (2 points)

What are the elements of the tort claim you identified when answering Question #7?

QUESTION #9: (2 points)

Who is most likely to win the tort claim: My Pillow or Bed Bath & Beyond? What will be the easiest element for My Pillow to prove? The most difficult? Explain your reasoning.

QUESTION #10: (1 points)

What contract claim should My Pillow bring against Bed Bath & Beyond?

QUESTION #11: (2 points)

What are the elements of the contract claim you identified when answering Question #10?

QUESTION #12: (2 points)

Who is most likely to win the contract claim: My Pillow or Bed Bath & Beyond? What will be the easiest element for My Pillow to prove? The most difficult? Explain your reasoning.

Hypothetical #3: Business Formation

Two friends, Jim and Pam, form a consulting firm. When deciding on what business entity they should use, they are especially concerned about losing personal assets if they are sued for their professional services. They are also concerned about income and taxes as they are just starting their careers and are on a tight budget.

QUESTION #13: (5 points)

What business entity should they use? Why? (Note: to receive full credit you need to analyze all the types of business organizations discussed in chapter 16.)

QUESTION #14: (5 points)

What type of agency principles are involved in the type of business entity you chose in Question #13?