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Please answer each of the following questions. In doing so, please state the rule, law, statute, legal theory, or precedent that you used in arriving
Please answer each of the following questions. In doing so, please state the rule, law, statute, legal theory, or precedent that you used in arriving at your answer.
- Buster operates Buster's Toxic Waste, a company that transports toxic chemicals for manufacturers. Rather than allow his employees to drive the toxic waste, Buster pays Tobias, an experienced truck driver to transport the waste. Tobias then causes a serious accident that injuries several other drivers. In this case, is Buster's Toxic Waste responsible for the harm caused by Tobias? Why or why not?
- Kitty works for the Bluth Company, a real estate developer. The company claims special tax credits to build low-income housing. During her employment, Kitty notices that the Bluth company has claimed these tax benefits for projects that did not qualify for the credits. When the Bluth Company finds out that Kitty has informed state and local officials of the discrepancy, they fire her. What recourse is available to Kitty?
- Gob works for the Orange County Water Department, handling billing and collections for customer accounts. Gob's supervisor, Michael, notices that he has been displaying strange behavior (e.g., paranoia, high excitability, dilated pupils, and extreme confidence), which Michael believes may be signs of cocaine use. If Michael seeks to have Gob drug tested, would such testing be permissible? Why or why not?
- Quantity Plus is a chain of membership-only big box warehouse stores (similar to Sam's Club). The company requires that employees complete a written exam as a condition of employment. The passage rate for the exam is 90% for white applicants and 70% for non-white applicants. Marta, a Hispanic woman, is not hired because she does not pass the written exam. If Marta sues Quantity Plus, what legal argument should she make?
- Lucille is a director at the Austero Corporation. As part of her job, she routinely wines and dines wealthy clients. One day, Lucille is golfing with clients, when she gets very drunk and runs another golfer over with a golf cart. Is the Austero Corporation liable for the golfer's injuries? Why or why not?
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