Question
You have your own accounting firm. Your business has employed a driver, delivering financial statements, collecting cheques, making bank deposits etc. You specifically instruct your
You have your own accounting firm. Your business has employed a driver, delivering financial statements, collecting cheques, making bank deposits etc. You specifically instruct your employee not to do any personal business during work hours. On his way to the bank to deposit some cheques, he makes a detour to get breakfast, and accidentally runs over a six year old boy who dies from the injuries. The loss to the parents of their beloved child has been assessed as EC$1,000,000.00. Are you financially responsible to his parents for the loss of their son? Explain.
2. You and your husband have formed an Accounting Company together. You are both Directors of the Company. Unbeknownst to you, your husband is charging double on invoices to clients and not paying over the ABST to the government. The Government is now charging you both with tax fraud.
a. Are you responsible in law despite not being aware of his actions? Explain
b. Can the wife be compelled to testify against her husband? Explain.
3. You give a classmate a ride home after Law class. You are driving at 20 mph in McKinnons when a child suddenly runs out into the road right in front of your vehicle. You swerve to avoid hurting the child, who you luckily avoid, but your momentum causes you to run headlong into a tree, causing serious injury to your classmate. Are you responsible? Explain
4. Mary owns an online retail company selling fashionable clothes and accessories for a small profit. She advertises a Samsung 8 for $50.00, in error on her website, when she intended to advertise the phone for $500.00. Junie places an order for the phone and pays the $50.00 via credit card, before Mary notices the error and corrects it. Is Mary obligated to sell the phone for EC$50.00. ? Explain
5. Stacy's friend Jarvis has been playing the lotto for a long time. One day, Jarvis gives Stacy certain numbers and asks her to purchase the lotto ticket for him. Jarvis forgets to give Stacy the money and telephones her after she has left to tell her that he will pay her for the ticket at a later date. Stacy uses her money to purchase the winning ticket, EC$1,000,000.00. To whom do the winnings belong? Explain.
6. Johnny Contractor has secured a multi-million dollar contract with the Downtown County Council for the building of block flats. He has sub-contracted the electrical work out to Jason Voltage at a contract price of EC$800,000.00. When Jason Voltage has half-completed the work, he (Jason Voltage) realizes that he has underestimated the time that it would take to complete the work and that he will make a loss on the sub-contract. Having received EC$400,000.00 in progress payments, he approaches Johnny Contractor and threatens to abandon the work unless the sub-contract price is increased to EC$1 million. Johnny Contractor reluctantly agrees to this, fearing he will have difficulty in finding another sub-contractor to complete the work. Jason Voltage then completes the work on time, but Johnny Contractor refuses to pay him the additional EC$200,000 which he has promised. Should Jason Voltage be paid? Explain.
7. Consider the rights and liabilities of Johnny Contractor and Jason Voltage in relation to the contract between Johnny and Jason, if the following, alternative events occur when the work is two thirds complete:
(i) The building accidentally catches fire and is totally destroyed;
(ii) The Government announces that all building contracts with Downtown County Council have been terminated immediately due to a massive financial fraud in the tendering process and the building has been seized by the Government.
(iii) Jason Voltage has been convicted of a crime and is imprisoned for 20 years;
(iv) The Company that supplies the electrical wiring and supplies to complete the electrical work has gone out of business and there is no other source of supply. Jason Voltage uses the few remaining supplies which he has to complete the electrical wiring in his home.
8. Jordan in Piccadilly wrote to Alana in Hodges Bay offering to sell Alana his car for EC$20,000.00. He said that if Alana got her letter of acceptance to him by 11:00 AM the next day (Tuesday), he would go ahead with the sale at EC$20,000.00. Alana at once wrote to him and posted the letter of acceptance on Monday afternoon at 2:00 PM, which Jordan received at 9:00 AM on the Tuesday morning. In the meantime, however, Jordan had received a better offer for his car, and wrote to Alana withdrawing his offer to her. This letter was received by Alana at 8:30 AM on Tuesday. Can Alana sue Jordan to enforce the contract?
9. One night, Jason is leaving a party, when he sees a young lady suddenly fall down. He quickly surmises that she has suffered an asthma attack and offers to drive her to the hospital, which she gratefully accepts. On the way to the hospital, the young lady begs Jason to drive faster because she cannot breathe. Jason steps on the gas and begins to drive at speeds up to 100 mph. When he reaches Queen Elizabeth Highway, Jason fails to navigate the turn to the MSJMC and crashes terribly. The young lady receives serious brain trauma which requires over $200,000.00 to fix. Is Jason responsible? Explain.
10. You are the HR Manager of a thriving business. To your knowledge, two of your employees have been carrying on a romantic relationship. One of the Employees, Marcia the female employee is supervisor to the male employee, Thomas. Following a nasty break-up of the relationship caused by Thomas cheating on the female supervisor, Marcia with another employee, Jacqueline the supervisor begins to treat both Thomas and Jacqueline, whom she also supervises harshly. Thomas and Jacqueline quit their jobs and sue the business for Unfair Dismissal. Is the business responsible? Explain
11. Sheila and her husband are unable to have children naturally. They have hired Susan as a surrogate to carry their child to full term. It has been agreed that Susan will carry Sheila's fertilized egg and thereafter give the baby to Sheila and her husband. The agreement is placed in writing and Susan is paid EC$200,000.00 to carry the baby for 9 months. At the end of 9 months, the baby is born. However, during her pregnancy, Susan has grown so attached to the baby that she refuses to give it to Sheila and her husband. In Law, can Sheila and husband get their baby from Susan? Explain.
12. You run your own business, an amusement park. Every ticket that you sell states that the customer enters at their own risk, and that management is not responsible for any injuries which the customer may incur while at the park. There is a sign to the same effect stationed at each ride. During one of the rides, a mechanical malfunction causes one of the patrons to be thrown from the ride, breaking her collarbone. Are you responsible? State your reasoning.
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