LAW1101 Final review

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Baruch College, CUNY *

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1101

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Law

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Feb 20, 2024

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LAW 1101- PROF. FOLKS/ FALL 2023 FINAL EXAM REVIEW – LEGAL RULES AND SAMPLE PROBLEMS I. CHAPTER 5 – TORTS/NEGLIGENCE LEGAL RULE 1. Four elements needed to prove Negligence  Duty a) 1 st standard of care: 1. Reasonable person standard: If a reasonable person would not do the same action as the same defendant did then it would be breached. 2. Duty of landowners: keep premises safe and warn invitees of any dangers they won’t know or can’t see on their own. 3. Professional: would be judged by what other professionals in that field would do in that situation. b) Breach 1. If they breach the duties listed above c) Causation = most important (2 parts – actual causation and proximate causation) 1. P must be injured (don’t need to be physical) d) Prox = direct connection between defendants act and an injury, P must be in zone of danger and must be a foreseeable risk of danger e) Damages 1. Injury don’t need to be physical SAMPLE PROBLEM Denise owns and operates a chiropractic office in midtown Manhattan. On December 2 nd she noticed that one of the chairs she uses to give examinations on had a crack in one of its legs. She thought that the chair would be fine until she could replace it with a cheaper version. Unfortunately, Doug came in later that day for his appointment and sat down on the chair. The chair collapsed and a piece of wood from the cracked chair leg broke off and stabbed Doug in the leg. Doug screamed very loudly because of the intense pain. His screams were so loud that Gigi, who was outside riding her bike 2 blocks away, was startled and crashed into a parked car breaking her ankle. Both Doug and Gigi want to sue Denise to recover for their injuries. (a) In an action by Doug against Denise to recover damages for his injuries, judgment for whom? Explain fully. ANS) Judgement would be for Doug. According to the facts judgment would be for Doug based on negligence, Denise had a duty of care towards Doug as he was a client and had acted reasonably, there was a breach of that duty of care from Denise as she did not warn Doug of the unobvious risk that the chair bared due to the crack on its leg putting Doug in the danger zone, Doug also suffered a legally recognizable injury with the direct reason behind it being Denise’s negligence.

(b) In an action by Gigi against Denise to recover damages for her injuries, judgment for whom? Explain fully. ANS) Judgement would be for Denise. Gigi, in this case would not be able to prove negligence because she was not a foreseeable victim as Denise did not owe a duty of care towards Gigi as she was not a client. In addition, Denise was neither the proximate or the actual cause behind Gigi’s injury as she was startled by Doug’s scream and she was 2 blocks away. II. CHAPTER 6 – PRODUCTS LIABILITY/ STRICT LIABILITY LEGAL RULES 1. Six (6) requirements for products liability lawsuit based on strict liability and who can be sued in a strict product liability lawsuit. ANS) 1. The product must have been in defective condition when the defendant sold it 2.The defendant must normally be engaged in the business of selling the product 3. The product must be unreasonably dangerous to the user or consumer because of its defective condition 4. The plaintiff must incur physical harm to self or property by use or consumption of the product 5. the defective condition must be the actual and legal cause of the injury or damage 6. the goods must not have been substantially changed from the time the product was sold to the time the injury was sustained. 2. Requirements needed to prove products liability based on negligence and who can be sued. ANS) 1.Duty of Care: The plaintiff must establish that the defendant owed a duty of care to consumers. In the context of products liability, manufacturers, distributors, and sellers generally owe a duty to produce, distribute, and sell safe products. 2.Breach of duty: the plaintiff must demonstrate that the defendant breached the duty of care by showing that the product was defective in design, manufacturing, or lacked proper warnings or instructions. 3.Causation: There must be a causal connection between the defendant's breach of duty and the plaintiff's injuries. The plaintiff must show that the defective product was a substantial factor in causing the harm. 4.Proximate Cause: The harm suffered by the plaintiff must have been a foreseeable consequence of the defendant's actions. 5.Damages: The plaintiff must have suffered actual harm or damages as a result of using the defective product. (does not need to be physical)

Who can be sued: Manufacturer, Distributor, retailer/seller, designers/engineer, others in distribution chain. SAMPLE PROBLEM Christian was visiting his cousin Frankie at Frankie’s new apartment. Christian, feeling thirsty, asked Frankie if he had anything to drink. Frankie told him yes and got Christian a bottle of Pepsi that he had bought at Rite Aid. Christian started to open the old style glass bottle and it shattered in his hand severely cutting him and requiring 25 stitches to repair his hand. The bottle had been part of an error at the Pepsi manufacturing plant that caused the glass to be more fragile and likely to break than usual. However, this defect was not visible and Pepsi, Rite Aid and Frankie did not behave negligent in causing or not noticing the defect. Christian decides to sue Pepsi and Rite Aid. (a) Does Christian have a claim against Pepsi? Explain fully. ANS) Yes, in this case Christian would have a claim against Pepsi based on product liability. The product as per the facts stated, was in a defective condition when it was distributed, it was unreasonably dangerous due to it being more fragile, Pepsi is normally in the business of selling the product, Christian also incurred legally recognizable damage due to him requiring 25 stitches, the damage was caused by the defective product, and there is no evidence of the product being changed since it was bought. (b) Does Christian have a claim against Rite Aid? Explain fully. ANS) Yes, in this case Christian would have a claim against Rite aid. The product was in defective condition when it was sold by Rite Aid who are normally in the business of selling the product, the product was unreasonably dangerous due to it being more fragile. Additionally, Christian incurred damage legally recognizable damage caused directly by the consumption or use of the product which resulted in him requiring 25 stitches and there was no evidence of the product being substantially changed since it was bought. (c) Does Christian have a claim against Frankie? Explain fully. ANS) No, in this case Christian would not have a claim against Frankie. Frankie is not normally in the business of selling the product nor is he a manufacturer, distributor, seller, designer, or a part of the distribution chain. III. CHAPTER 11–AGREEMENT (OFFER & ACCEPTANCE) LEGAL RULES 1. Seven ways to terminate an offer (general revocation rule/ revocable offers, rejection, counteroffers/inquiries, Mirror Image Rule, lapse of time, destruction of specific subject matter, death or incompetence of the offeror or offeree, supervening illegality of the proposed contract) ANS) In cheat sheet. 2 .General acceptance rule /Mailbox Rule (by mail, phone, e-mail) ANS: Mailbox rule: Acceptance is considered effective when it is sent as opposed to when it was received.

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Exceptions:  If acceptance is sent via unauthorized means, then acceptance is considered effective at the date on which it is received as opposed to when it was sent.  If the offeror clearly states that the acceptance must be RECEIVED at a specific date regardless of the means through which it is sent, then acceptance is considered effective when acceptance is received as opposed to when it was sent. 3 .Firm offers by merchants/non-merchants (also called irrevocable offers) ANS) Merchant offers: even if a merchant makes a firm offer they are only bound by the law to keep it open for a period of 3 months, after that time has passed they can revoke the offer. Non-merchant offers: a firm non-merchant offer cannot be revoked before the amount of time mentioned has passed, meaning if someone promises in a firm offer to keep it open for 4 months, they must keep it open for 4 months and cannot revoke it before that as per the law. SAMPLE PROBLEM 1 On December 1, Erica, a computer salesperson, sent a signed letter to Julia, also a computer salesperson, offering to buy from Julia three used laptops for a total of $450. In the letter, which accurately described the computers and indicated the price, Erica wrote; “I promise to keep this firm offer open to you for 4 months from today. (Signed) Erica.” On March 23, Erica decided that she did not want to buy the computers anymore. On that same day, Erica sent a letter to Julia telling her that the offer was no longer open. Julia received the letter on March 27. After reading the letter, Julia was furious. Later that day, on March 27, Julia sent a letter to Erica saying, “I accept your offer of December 1.” Erica received this letter on April 2. Erica refused to pay for the computers. Julia sued Erica for breach of contract. (a) Judgment for whom? Explain. ANS) Judgment would be for Erica in this case. Even though she promised to keep the offer open for 4 months, she was only bound by the law to keep it open for 3 months due to it being a merchant offer. Therefore, the offer was legally revoked when Julia received the letter of revocation as she was notified about the revocation before she sent her letter of acceptance. (b) Assume that Erica and Julia are both soccer players by profession and not computer salespersons. Judgment for whom? Explain. ANS) Judgement would be for Julia in this case. If they were not merchants by profession Erica would have to honor the full 4 months that she promised which would be up until April 1 st . Therefore her letter of revocation to Julia would be invalid and a contract would have been formed on March 27 th when Julia sent the letter of acceptance. (c) Assume again the facts in (b) (that Erica and Julia are both soccer players) and that Erica had made the offer orally on her cell phone and not in writing. Judgment for whom? Explain.

ANS) Judgement would be for Erica in this case. If the contract was not in writing and was made orally then it would have simply been a regular revocable offer which can be revoked at any time and since the letter of revocation was received before the letter of acceptance was sent, there was no contract. SAMPLE PROBLEM 2 On May 1, Sonia, the owner of a garden supply company sends an offer to Jasmine, the owner of a flower shop, “I will sell you 100 pounds of my new plant food, for a total cost of $1,000. I need to sell this item quickly, so the offer will expire in 10 days from today.” (Signed) Sonia. On May 2, Jasmine receives the letter from Sonia. On the morning of May 3, Sonia realizes that she can sell the plant food for a higher price to a different buyer so she sends Jasmine a second letter stating: “Sorry, I withdraw my previous offer of May 1 to sell you plant food” (Signed) Sonia. Due to a delay in the mail, Jasmine does not receive the second letter until May 7. On May 3, after sending the second letter to Jasmine, Sonia sells the plant food to a different buyer. Meanwhile on May 6, Jasmine calls Sonia and accepts her original offer. Sonia informs Jasmine that she cannot sell her the plant food since she already sold it to another buyer. Jasmine sues Sonia to recover damages for breach of contract. Judgment for whom? Explain fully. ANS) Judgement would be for Jasmine in this case. Even though the revocation letter was sent on May 3 rd before Sonia sent her acceptance letter on May 6 th , according to the mailbox rule revocation is considered effective and legally binding at the time of receipt of the letter whereas acceptance is considered effective at the time it was sent. In this case Sonia sent her acceptance letter on May 6 th which was before she received the revocation letter on May 7 th . IV. CHAPTER 12- CONSIDERATION 1. Pre-existing legal obligations/Modifying a pre-existing legal obligation and new consideration ANS) Changes to the original contract must be in writing and must be signed by the promisor in order for the changes to be enforced in court, does not have to require any separate and new considerations, however if it was made orally, it would only be enforced if the parties exchange separate and new conditions. 2. Past consideration and exception ANS) past consideration is an act that takes place before a contract is made, exceptions are when it is handwritten, signed by promisor and states the past consideration. 3. Settlement of a Liquidated Debt and exceptions (posted on BB) ANS) In cheat sheet. 4. Settlement of an Unliquidated Debt and exceptions (posted on BB) ANS) In cheat sheet.

SAMPLE PROBLEM 1 Cameron, a building contractor, entered into a written agreement with Octavia, for a new addition on her house for $100,000. After the work was one-half complete, Cameron complained about the rising cost of materials and stopped work. Octavia said to Cameron: “If you go ahead and finish the job, I’ll pay you a bonus of $25,000.” Cameron agreed and finished the job. Cameron then demanded payment of $125,000, but Octavia refused to pay more than $100,000. (a) Can Cameron enforce the promise for the bonus claim? Explain. ANS) No, Cameron cannot enforce the promise for the bonus claim because it was a pre- existing legal obligation for Cameron to do the job for $100,000. There was no new or separate exchange of consideration from Cameron. (b) Assume that Cameron did complete building the new addition to Octavia’s house and Octavia responded by stating: “You did such an amazing job, so I’m going to give you a bonus of $25,000.” Can Cameron enforce this promise? ANS) No, Cameron cannot enforce this promise because this is a past consideration promise. The act had already taken place before the promise was made, unless Cameron got a signed written letter from Octavia acknowledging the past consideration, he cannot enforce it. (c) Assume that Octavia had said to Cameron: “If you fix the pavement in front of my house as well as the new addition to the house, I’ll pay you an extra $25,000.” Cameron fixes the pavement in front of Octavia’s house as well as finishes the addition to her house. Can Cameron enforce the promise to pay the extra $25,000? Explain. ANS) Yes, in this case Cameron can enforce this promise as there were new and separate considerations exchanged. Cameron was not originally legally obligated to fix the pavement as well, he was only obligated to do the new addition for $100,000, and only ended up fixing the pavement due to Octavia’s promise to him. SAMPLE PROBLEM 2 Steve and Michael entered into a written and signed contract under which Michael agreed to replace the roof on Steve’s house for a total price of $20,000. (a) Michael replaced the roof according to the terms of the contract. While Steve acknowledged that he owed Michael the full $20,000, he informed Michael that because he was short of cash he would be unable to pay the entire amount. Michael orally agreed to accept $15,000 in full satisfaction of the $20,000 that was owed to him if Steve would also give Michael his brand new large screen television. The television was worth $2500. Steve immediately paid Michael the $15,000 and gave him the television. Michael took the television, deposited the money and then sued Steve for the additional $2500 he claims is owed to him. Judgment for whom? Explain fully. ANS) Judgement would be for Steve in this case. This is a case of liquidated/undisputed date where there is no dispute over the amount or the existence of the contract. In

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general, liquidated debts cannot be discharged for any amount other than the original, even if the creditor orally agrees to discharge it. In this case however, an exception applies as the creditor accepted different consideration from the debtor in the form of less money for an item in order to discharge the debt. (b) Instead of the facts in (a), assume that a good faith dispute arose as to whether Michael had replaced the roof according to the terms of the contract. Michael claimed that the full $20,000 was due, but Steve claimed that he owed him only $15,000. After several weeks of argument, Steve sent a check to Michael for $17,500 with a note that said that he was making this payment as full payment owed on the contract and a notation on the check that said “in full payment of roofing contract.” Michael endorsed the check and, without making any further notations, deposited it. Michael then sued Steve for the remaining $2,500 he claims is due. Judgment for whom? Explain fully. ANS) Judgement would be for Steve in this case. This would now be a case of disputed/unliquidated debt wherein, the amount is being disputed. An unliquidated/disputed debt cannot be discharged unless an accord and satisfaction has occurred. In this case the accord and satisfaction occurred when Michael endorsed the check on which Steve clearly notated that it was for payment in full satisfaction. V. CHAPTERS 13 – DEFENSES TO CONTRACT ENFORCEABILITY LEGAL RULES 1. Statute of Fraud Rules -what constitutes a writing; what must be in the writing? a) Interests in Land provision (real estate provision) b) 2 exceptions to interests in land provision- leases for one year or less and part performance exception. c) One Year Rule provision d) One Year Rule exception – possibility of contract performance. e) Collateral Promises provision f) 1 exception to Collateral Promise provision – “Main Purpose Rule” g) Sales of Goods $500 or more provision h) 2 exceptions to Sales of Goods provision – “Special Rules for Contracts between Merchants” (also known as the “Merchant Memo Rule”) and “Specially Manufactured Goods”. 2. Fraud a) Elements of fraud – what plaintiff must prove for cancellation of contract and/or damages, statements of opinion vs. material facts, justifiable reliance 3. Mistake – unilateral and bilateral (mutual) mistake (mistake of fact vs. mistake of fact) ANS {1-3}) All in cheat sheet.

SAMPLE PROBLEM 1 On May 1, 2015, Simone accepted an offer for a job as a professor at Hunter College for the 2015-2016 academic semesters. Meeting that day in the office of Jasmine, the Assistant Vice- Dean for Hiring, she orally agreed that her employment would begin on August 1, 2015 and would finish on May 31, 2016 and that she would receive a salary of $90,000 for that period. When Simone asked Jasmine to confirm the agreement in writing, Jasmine refused, saying “No need. I am an honest person. You have my oral promise.” On May 15, 2015, Simone came back to New York to look for an apartment. She met with Nicholas, the landlord of a building on East 67 th Street and orally agreed to rent a studio apartment for $2000/month from him beginning on August 1, 2015 and ending on May 31, 2016. When Simone asked Nicholas to confirm the lease in writing, Nicholas also refused. On July 15, 2015, Simone received a phone call from Nicholas informing her that Nicholas would not honor the lease agreement they had reached. Also on July 15, 2015, Simone received a phone call from Jasmine informing her that Hunter College would not honor the oral agreement it had reached with her. (a) Simone sues Hunter College for breach of contract and Hunter College pleads the Statute of Frauds as a defense. Judgment for whom? Explain. ANS) Judgement would be for Hunter College. Under the statute of frauds any contract that cannot by their terms be performed within one year from the day after the date of formation needs to be in writing. In this case, there was no written contract and was entirely oral, therefore this cannot be enforced. In this case, the offer was accepted on May 1, 2015 and her duty would be finished on May 31, 2016 which would be over the one year term. (b) Would your answer to (a) be different if, on May 2, 2015, Simone had written and signed a thank you note to Jasmine that read, “Thanks for agreeing to hire me as a professor for $90,000/year. I look forward to working with you. (Signed) Simone.”? Explain. ANS) No, my answer to part (a) would not be different as this would not be a contract acknowledging the term and was not signed by Hunter College. It was simply a thank you note from Simone to Hunter College and also was not signed by Hunter College. (c) Simone sues Nicholas for breach of contract because she still wants to rent the studio, and Nicholas pleads the Statute of Frauds as a defense. Judgment for whom? Explain. ANS) Judgement would be for Simone in this case. While usually, under the statute of frauds contracts for leases would need to be in writing an exception to that would be for leases under one year, in which case it can be made orally. In this case, the lease was for Aug 1, 2015 to May 31, 2016 which would mean the lease was for almost ten months and not a full year, qualifying it for the exception.

SAMPLE PROBLEM 2 Explain whether each contract is within the Statute of Frauds and therefore may need a writing to be enforceable: (a) Steven and his brother Ned make an oral agreement for Steven to sublet Ned’s apartment for ten months. ANS) This does not need to be in writing under the statute of frauds as the lease is for less than one year. (b) Kendra hires Ariana on May 1 st , without a written contract, to work for her starting June 1 st for fifteen months. ANS) This does need to be in writing under the statute of frauds as per the terms of the contract since the day after the date of formation, the duties cannot be fulfilled within one year. (c) David orally promises a car dealership, on behalf of his daughter Amaya, that “If Amaya can’t make the car payments, I promise to make the payments.” ANS) This does need to be in writing under the statute of frauds since collateral promises or promises on behalf of another need to be in writing. (d) Don and Tim, two wine merchants, make an oral contract for the sale of 20 cases of wine valued at $20,000. Don sends Tim a letter confirming the agreement. Tim receives the letter but ignores it. Three weeks after Tim received the letter, Don sends the 20 cases of wine, which Tim rejects. ANS) This does not need to be in writing under the statute of frauds even though under the UCC written agreements are required for the sale of goods $500 and above because this falls under the exception that this was a contract between two merchants in which case it can be oral. SAMPLE PROBLEM 3 Steve Abbott owns a Mercedes Benz car dealership located in Westchester County, New York. He has been experiencing financial hardship since the lock-down in March 2020. On November 7, 2020, a well-dressed young man walked into the dealership and introduced himself to Steve as Adam Brady. Steve welcomed the prospective customer and commented that he looked a lot like the famous football quarter-back Tom Brady, to which Adam replied, “well, I should hope so, he’s my Dad.” Adam told Steve that he was interested in purchasing a car, but because he would not be receiving all of the assets of his trust fund for another six months, he would need to purchase the car on credit. In his excitement to sell a car to a “celebrity” customer, Steve showed Adam the most expensive and luxurious models on the dealership floor. After Adam selected the car of his choice, Steve asked Adam for the personal information needed to complete the transaction. When Steve checked to verify Adam’s identity and address there was nothing to cause any suspicion that Adam was not the person he claimed to be, and the transaction was completed. Adam drove off the lot with a brand new, luxury model Mercedes Benz. The next

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day, the police came to the dealership and informed Steve that they had in their custody Adam, who was in fact a con man named Scott Darby. Scott is known to the police as an expert computer hacker. He was pretending to be the son of Tom Brady all over the country, and, in the process had left behind several victims depleting them of money and property. If Steve sued Scott Darby based on a claim of fraud, would this claim be successful? Explain fully. ANS) Yes, the claim would be successful under the principle of fraudulent misinterpretation. Scott misinterpreted a material fact that he was not the son of Tom Brady, he had the intent to deceive Steve in order to get the car, and Steve relied on the misinterpretation sufficiently. He can set the contract aside if he can prove these three elements. SAMPLE PROBLEM 4 Samuel purchased a painting at his neighbor’s garage sale for $20. Neither the neighbor or Samuel believed that the painting was valuable. Samuel bought it just because he thought that It was “charming”. Later, however, at Samuel’s annual holiday party, a friend of his, a well known antique dealer, who informed Samuel that the painting was worth thousands of dollars. The neighbor who was at the party as well, overheard the conversation and demanded the return of the painting. Samuel stated “the painting is mine and you’re not getting it back!” The next day the neighbor filed a complaint against Samuel to have the contract canceled. Judgment is for whom? ANS) Judgement would be for Samuel in this case. Even though both parties were mistaken, it was not about a material fact, it was about material value. This contract cannot be cancelled. VI. CHAPTER 14 – CONTRACT DISCHARGE CHAPTER 14 /LEGAL RULES – WAYS TO TERMINATE CONTRACTUAL OBLIGATIONS 1. Material breach of contract ANS) A breach of contract is the nonperformance of a contractual duty. A breach is material if the performance is not at least substantial. In that case the nonbreaching party is excused from the performance of contractual duties and can sue for damages caused by the breach. 2. Impossibility – when performance is impossible -three basic scenarios a) Temporary impossibility ANS) In cheat sheet.

SAMPLE PROBLEM Barnett Computer Co. had a contract with Golden Inc. to repair and refurbish 25 of Golden’s computers. Barnett entered into a separate written and signed contract with Devon Computer Parts to purchase the computer parts needed for them to do the work under its contract with Golden. Devon was not the only computer parts company that could supply the needed computer parts at low prices, but Devon was owned by Mr. Barnett’s brother-in-law and he wanted to do him a favor by giving him some business. One week after the contract between Barnett and Devon was signed, the warehouse where Devon’s computer parts were stored, as well as all the needed computer parts, were both destroyed by a tornado. The next day, Barnett notified Golden what happened to Devon and told Golden that Barnett Computer Co. could not fulfill the terms of its agreement with Golden. Golden sues Barnett for breach of contract. Judgment is for whom? Explain. ANS) Judgement would be for Golden. Even though Devon could not supply Barnett with the parts, as mentioned in the facts above they were not the only ones who could supply the parts and were only chosen because of family relations. This would constitute to a temporary impossibility meaning the contractual duties could still be performed, just at a later date. VII.CHAPTER 16 – THE FORMATION OF SALES AND LEASE CONTRACTS/ LEGAL RULES 1. Firm offers by merchants 2. Statute of Frauds – Sales of Goods $500 or more and 2 exceptions ANS) (1-2) in cheat sheet. VIII. CHAPTER 25- EMPLOYMENT DISCRIMINATION LEGAL RULES 1. Requirements for lawsuits based on discrimination under the following federal anti- discrimination laws: Title VII (applies to employers with 15 or more employees), Age in Discrimination Act (applies to employers with 20 or more employees) and the Americans with Disabilities Act 2. Defenses to claims of employment discrimination (business necessity, BFOQ, Seniority System) ANS) (1-2) in cheat sheet. SAMPLE PROBLEM 1 Russ and Jules decided to start a video game company called RJ Videos. They mutually agreed on a list of people they wanted to hire for the company. The first person they hired was Marie, an established neuro-scientist and psychiatrist, to do their research and development as to which types of video games are most addicting.

The next persons they hired were Blue and Greg, excellent programmers, to help them program the video games. One year after she was hired, Marie informed Russ that she was pregnant. One month after Marie’s announcement to Russ, Russ and Jules decide to make massive organizational changes, fire some people, and start looking for replacements immediately: (a) Marie was fired and was told that the company needed people “who would be dedicated workers and it was obvious that in her condition she would not be a good fit with the company.” ANS) In this case Marie would have a claim against RJ videos if they employed more than 25 people as she was only fired because of her pregnancy, was qualified and pregnant people are under the protected class under Title VII. (b) Greg was fired because he refused to dress up as Santa Clause for the company’s holiday party, stating that he does not celebrate Christmas, and offering instead to dress up as a Hanukkah candle. Discuss separately, whether Marie and Greg have any claims against RJ Videos. Explain. ANS) Greg would also have a claim against RJ videos as he was also qualified but was only fired because of his religious beliefs, he also falls under a protected class under religious discrimination. SAMPLE PROBLEM 2 Marissa applied for a job as a greeter at a Big Box store in Brooklyn. Big Box employs over one million people nationwide and has annual revenues of over $2 billion. A greeter’s responsibilities are to welcome customers to the store and to return shopping carts to the storage area. Marissa is confined to a motorized wheelchair because of a chronic illness, but would be able to welcome customers. She would be able to return shopping carts, as she did in her previous job, if the ramp to the cart storage area were reconstructed to make it less steep. Reconstructing the ramp would cost about $4000. Ned, the manager of the store, has told Marissa that he will not hire her because he does not want the expense of reconstructing the ramp. Does Marissa have a claim against Big Box for the failure to hire her? Explain. ANS) In this case Marissa would have a claim against Big Box as she was qualified and was not hired because of her disability. Under the ADA disabled people fall under the protected class. The accommodation of the ramp also falls under reasonable accommodation as Big Box has a $2 billion annual revenue and the reconstruction of the ramp only costed $4000.

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