Week 5 -Six Assessed Questions
1.
Facts:
An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress.

Issue:
Is the English Professor guilty of intentional inflicting emotional distress on the student?

Rule:
Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person.

Application:
The English Professor did write some very ugly comments on the student's paper, but it would be very hard for the student to prove this caused Emotional Distress in court. Also, Emotional Distress is usually used as a defense, not as a way to sue. Had the student been sexually harassed or something of that nature the student would have a much better case. Also, most states do not even consider Emotional Distress in court.

Conclusion:
The student would not win. At the most the college may terminated the professor.

2.
Facts:
Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy. Northwest then informed the Utah Job Services that Yu had been fired for this reason and therefore was ineligible for unemployment compensation. Selected non-supervisory Northwest employees were also informed of the reasons for Yu's termination. Yu filed a defamation suit against Northwest.

Issue:
Does Dorothy Yu have a defamation suit?

Rule:
Defamation is speaking a false statement that causes someone harm. Or it could be written or media.

Application:
Northwest Pipeline Corporation did not make any false statements about Dorothy Yu, she did infact admit she had the document. Also, Northwest has to inform Utah Job Service as to why Dorothy Yu was let go if she was trying to receive unemployment benefits.

Conclusion:
Dorothy Yu does not have a case.

3.
Facts:
Laura promised her roommate Betsy that she (Laura) would "take care" of getting renter's insurance on their apartment. Two months later, when the apartment was broken into and looted, Betsy discovered that Laura had not purchased the insurance. Is there any theory under which Betsy might be able to recover damages from Laura in this case?

Issue:
Is there any theory under which Betsy might be able to recover damages from Laura?

Rule:
Promissory Estoppel claim may apply).
Through Promissory Estoppel, liability is imposed when the promisor has made a promise and has caused another party to incur damages based upon reliance on that promise, and such detrimental reliance was foreseeable by the promisor. In promissory estoppel cases, a contract was not formed, but one party will have relied upon the promise of the other party to his detriment. In order to prevent injustice, the court imposes liability through promissory estoppel.

Application: Laura promised her roommate Betsy that she would “take care” of getting the renter's insurance on their apartment. Laura did not follow through with her promise; which caused Betsy to incur a lose. Betsy can not file an insurance claim to get her stuff replaced because her roommate did not get the insurance.

Conclusion:
Betsy can sue her roommate, Laura, to get her things replaced.

4.
Facts:
Jack applied to Intex Corp., a company with 15 or more employees, for a job maintaining and repairing it's copy machines on an "as needed" basis. Jack has his own tools. Jack is also trying to get contracts with other companies to repair their copy machines. If Jack is hired, is he a part-time employee or an independent contract?

Issue:
If Jack is hired, is he a part-time employee or an independent contract?

Rule:
For purposes of the FLSA, the courts have been very active in defining who is an employee as opposed to an independent contractor. The trend has been that the courts have increasingly found workers to be employees. They cite such factors as whether the worker is employed by a single employer or multiple employers; whether the relationship appears to be permanent; and the degree to which workers lack bargaining power regarding the terms of their employment. Independent Contractors are not covered by the FLSA.

Application:
If Jack is hired he will be fixing the machines on as :as needed” basis. Also, Jack is trying to get contracts with other companies to fix their machines.

Conclusion:
In the beginning Jack would be an Independent Contractor; and if he is contracting other work from other companies. If he continues to work for the company and it turns into a long term job, the courts would probably consider him an employee of the company.

5.
Facts:
Ewers, who owns a saltwater aquarium with tropical fish, bought several seashells, a piece of coral, and a driftwood branch from the Verona Rock Shop. Just before the purchase, the sales clerk told Ewers that these items were "suitable for saltwater aquariums, if they are rinsed." After making the purchase, Ewers took the items home, rinsed them for 20 minutes in a saltwater solution, and put them in his aquarium. Within a week, 17 of his tropical fish died. The "rinsing" required to prevent their deaths is a week-long cleansing process that involves soaking the shells and the coral in boiling water. Assume that Ewers did not know the correct "rinsing" procedure.

Issue:
Is the sales clerk and Verona Rock Shop responsible for what happened to Ewers aquarium?

Rule:
Product liability claims generally involve one or more of the following: breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligence, and/or strict “product” liability.
There was no evidence of negligence of the store.

Application:
Ewers owns a saltwater aquarium and the sales clerk told him he would need to “rinse” the items he bought; the clerk assumed he knew what “rinse” meant. Ewers made no attempt to ask the clerk questions to make sure he had a full understanding of what he needed to do, nor did he buy a book on the subject, or get on the internet.

Conclusion:
The sales clerk is not at fault; the Verona Rock Shop is not at fault.

6.
Maintenance Contractors, Inc., owed $13,600 to Westinghouse Electric Supply Co. Robert Pilkerton, the majority shareholder of Maintenance Contractors, caused Maintenance Contractors to cease operations. Twelve days later, Robert Pilkerton incorporated R.E. Pilkerton, Inc, which carried on the same business as Maintenance Contractors. Are Pilkerton and R.E. Pilkerton, Inc., liable to Westinghouse on the $13,000 debt?

Issue:
Are Pilkerton and R.E. Pilkerton, Inc., liable to Westinghouse on the $13,000 debt?

Rule:
The Sole Proprietorship is the most common business form. No formalities have to be followed in order to establish it. However, the business owner is personally liable for all of the business debts.

Application:
Robert Pilkerton changed the name of his company and started operating the same type of business just under a new name. He can not change the name of his company to avoid paying his debts.

Conclusion:
R. E. Pilkerton, Inc. is not liable for the debt; this company was not open until the debt had already occurred. Robert Pilkerton is liable for all the debt he obtained under Maintenance Contractors.