Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

I am struggling with this homework assignment, it's very difficult to me. Congratulations! You have just graduated from BMCC. You and closest your friends (

I am struggling with this homework assignment, it's very difficult to me.

image text in transcribed
Congratulations! You have just graduated from BMCC. You and closest your friends ( Rick, Carol and Negan) have decided to start your own food truck business-Zombie Burritos, Inc. Your business was formed as a Corporation under the laws of the state of New York and your principal place of business is New York, New York. One day, you hope to open your own restaurant using some of the menu items from your food truck. In the meantime, you and your friends have signed employment contracts with Zombie Burritos, Inc. agreeing to work in the food truck for one year at for a minimal salary. While owning your own business can be very rewarding, it is also fraught with numerous legal challenges. 1. Your friend Rick, who had experience driving for a car service in Brooklyn, agreed to drive the food truck. One morning, as you are on your way to a great spot you found outside of a local Target store, there is a terrible rainstorm that greatly impairs visibility on the roads. Despite the weather conditions, Rick insisted on driving 63 miles per hour on the highway, which was within the legal speed limit. Other cars, however, were driving at much reduced speeds because of the rain. Two miles away from the Target Store, the food truck skidded and Rick hit the car ahead of him, which was driven by Terry, a New Jersey resident. There is no doubt that Rick would have been able to avoid the collision if he had been driving more slowly. Terry was severely injured and his car was mangled, coming to a total of over $100,000 in damages. (a) If Terry sues Rick directly to recover damages for his medical bills and the damage to his car. What will he sue for and will he be successful. Explain fully. (10 points) (b) If Terry decides instead that he will also sue Zombie Burritos, Inc. for his damages in a federal district court for the Southern District of New York, will he be able to bring his claim there? Discuss only jurisdiction. (5 points) 2. You are having a very successful few months of sales parked in front of the Target Store and decide that you may stay there for the rest of the summer. One sunny summer day, another food truck, Happy Taco, parks next to your truck and begins selling their food. Happy Taco has customers lined up down the block and also begins to take a large number of your regular customers. Rather than change locations, you and your friends decide that you are going to fight for your turf! You create a story that Happy Taco has unsafe food practices and have caused several customers to become ill. You print out flyers and post them around the area and in front of the Target Store. It doesn't take long before Happy Taco discovers your scheme. (a) Happy Taco decides that it wants to sue your company. Discuss the potential cause of action they may have against you. (10 points) (b) Fearful that he may lose everything that he has invested in the company because of the lawsuit, Negan grabs his baseball bat and heads over to Happy Taco's food truck. He begins screaming and cursing and shaking his bat in the face of one of the members of the Happy Taco food truck team and threatens to "crack his head open", Has Negan committed a crime? Explain. (5 points) 3. After 6-months of working hard on developing the food truck business, you are considering pursuing other employment. The manager of Ho Brah, a local Mexican restaurant, doesn't know that you have a one-year contract with Zombie Burritos, but suggests that you come work for her and that she can pay you a really good salary. You agree and begin calling in sick to the food truck and working at Ho Brah. A week later, you tell Negan, Rick and Carol the "good news", that you have found a new job, Does Zombie Burritos, Inc. have any claims against Ho Brah. (10 points)

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

Family Law

Authors: Jonathan Herring

10th Edition

1292343257, 978-1292343259

More Books

Students also viewed these Law questions