The Legal Environment of Business: Text and Cases
9th Edition
ISBN: 9781305764460
Author: Frank B Cross/ Roger LeRoy Miller
Publisher: CENGAGE C
expand_more
expand_more
format_list_bulleted
Concept explainers
Question
Chapter 19, Problem 2CT
Summary Introduction
Case summary: A company TI develops and makes electronic control devices called stun guns. The company also makes TASER CAM which is a personal audio and video recording device. A person SW is TI’s vice president of marketing. The person SW made his own business plan of marketing a clip-on camera and formed a company V, and thereafter resigned from the company TI. The company TI launched a new product A after ten months of the resignation of SW. The company TI filed a suit against SW in an Arizona state court alleging that he is liable for breach of loyalty to TI.
To explain : Breach of duty owed to the employer and breach of duty of loyalty.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
18-6. Discharge by Operation of Law. Dr. Jake Lambert signed an employment
agreement with Baptist Health Services, Inc., to provide cardiothoracic surgery
services to Baptist Memorial Hospital-North Mississippi, Inc., in Oxford, Mississippi.
Complaints about Lambert's behavior arose almost immediately. He was evaluated
by a team of doctors and psychologists, who diagnosed him as suffering from
obsessive-compulsive personality disorder and concluded that he was unfit to
practice medicine. Based on this conclusion, the hospital suspended his staff
privileges. Citing the suspension, Baptist Health Services claimed that Lambert had
breached his employment contract. What is Lambert's best defense to this claim?
Explain. [Baptist Memorial Hospital-North Mississippi, Inc. v. Lambert, 157 So.3d 109
(Miss.App. 2015)] (See Discharge by Operation of Law.)
Business Case Problem with Sample Answer—Determining Employee Status. Nelson Ovalles workedas a cable installer for Cox Rhode Island Telecom,LLC, under an agreement with a third party,M&M Communications, Inc. the agreementstated that no employer-employee relationshipexisted between Cox and M&M’s technicians, includingOvalles. Ovalles was required to designate his aliation withCox on his work van, clothing, and identication badge. Coxhad minimal contact with him, however, and had limitedpower to control how he performed his duties. Cox suppliedcable wire and similar items, but the equipment was delivered to M&M, not to Ovalles. On a workday, while Ovalleswas fullling a work order, his van rear-ended a car driven byBarbara Cayer. Is Cox liable to Cayer? Explain. [Cayer v. CoxRhode Island Telecom, LLC, 85 A.3d 1140 (R.I. 2014)] (SeeAgency Law.)
Using statue case law, distinguish between the concept of separate legal personality and limited liabilities.
Chapter 19 Solutions
The Legal Environment of Business: Text and Cases
Knowledge Booster
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, subject and related others by exploring similar questions and additional content below.Similar questions
- 19-2. Duty of Loyalty. Peter hires Alice as an agent to sell a piece of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45,000 and could be higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property to Carl for $32,000. Peter signs the contract. Just before closing and passage of tittle, Peter learns about the shopping mall and the increased fair market value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's Agent, solicited a price above that agreed on when the agency was created and that the contract is therefore enforceable. Discuss fully whether Peter is bound to this contract. (See Duties, Right, and Remedies of Agents and Principals.)arrow_forward19-2. Duty of Loyalty. Peter hites Alice as an agent to sell a picce of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45.000 and could he higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property ro Carl for $32,000. Peter signs the contract. Just before clos- ing and passage of title, Perer learns about the shopping mall and the increased fair aarket value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's agent, solicited a price above that agreed on when agency was crcated and that the contract is therefore bind- ing and enforceable. Discuss fully whether Peter is bound to this contract. (See: Duties, Righs, and Remedies of Agents and Principals.) thearrow_forwardModiqua was employed by the 4th Element (Pty) Ltd until he was dismissed for making a disclosure to the Department of Employment and Labour about the employer's pattern of non-compliance with the occupational health and safety protocols. ANSWER THE FOLLOWING QUESTIONS WITH REFERENCE TO THE RELEVANT AUTHORITY: (i) (ii) Discuss the lawfulness of the respective conducts of Modiqua (disclosure) and employer (dismissal). Employers are expected to take a 'reasonably practicable' standard of care towards ensuring the health and safety of employees. That is, the duty to ensure health and safety is not absolute. Explain how the concept "reasonably practicable' standard is determined in each situation. (iii) One of the common law duties of the employee is to obey all the reasonable instructions of the employer. The OHSA, however, provides protection for 'disobedient' employees under certain circumstances. List those circumstances.arrow_forward
- Danny signs a contract to work as a sales rep for PharmaMed Corporation for a period of two years. This contract is governed by: a. Article 2 of the UCC. b. the law of quasi contract. c. state common law. d. federal statutearrow_forward1. From whom can the consignee claim compensation? Why?arrow_forwardThe manager of Palms Restaurant assembles all employees and announces that because theft isoccurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, themanager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has anylegal remedy against Palms.arrow_forward
- Joan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…arrow_forwardLiability of Members Harold, Jasmine, Caesar, and Yuan form Microhard. com, LLC, a limited liability company, to sell computer hardware and software over the Internet. Microhard. com, LLC, hires Heather, a re-cent graduate of the University of Chicago and a brilliant software designer, as an employee. Heather’s job is to design and develop software that will execute a computer command when the computer user thinks of the next command he or she wants to execute on the computer. Using Heather’s research, Microhard. com, LLC, develops the Third Eye software program that does this. Microhard. com, LLC, sends Heather to the annual Comdex computer show in Las Vegas, Nevada, to unveil this revolutionary software. Heather goes to Las Vegas, and while there, she rents an automobile to get from the hotel to the computer show and to meet interested buyers at different locations in Las Vegas. While Heather is driving from her hotel to the site of the Comdex computer show, she negligently causes an…arrow_forwardActivity 1: True or False 1. Good employee relations are attained by maintaining fairness in its compensation system. 2. Salary packaging is an instance where an employee negotiates wages for some other form of benefit. 3. Employees have social security protection from perils of disability, sickness, maternity, old age, death, and other contingencies during their employment which may result in loss of income or financial burden. 4. Miscarriage and emergency termination of pregnancy entitle a female employee to a 105-day leave with pay. 5. An employee who worked on a double holiday, say Araw ng Kagitingan and Maundy Thursday, will receive 200% of its daily wage on the said dayarrow_forward
- CASE STUDY Instructions: Make a CASE STUDY FORMAT and answer questions provided Stipulation Against Marriage Irish Arellano, a flight attendant of ABC Airlines, was dismissed from her job by reason of her marriage. In dismissing her, the company invoked its policy which provides: Flight attendant applicants must be single and will be automatically separated from employment in the event they subsequently get married. Irish disputed her dismissal on account of her marriage, invoking Article 135 of the Labor Code. The company, on the other hand, also raised arguments that its flight attendants will get pregnant upon getting married and the marriage will make them inefficient or less efficient. To add, the company argued the policy has been enforced for many years and so far, no competent authority has declared it illegal or unjust. It also claimed that it has openly adopted and enforced this policy or regulation in good faith over the years believing it legally justifiable because of…arrow_forward18.6 Independent Contractor Yvonne Sanchez borrowed money from MBank to purchase an automobile. She gave MBank a security interest in the vehicle as collateral to secure the loan. When Sanchez defaulted on the loan, MBank hired El Paso Recovery Service, an independent contractor, to repossess the automobile. The two men from El Paso who were dispatched to Sanchez’s house found the car parked in the driveway and hooked it to a tow truck. Sanchez approached them and demanded that they cease their efforts and leave the premises, but the men nonetheless continued with the repossession. Before the men could tow the automobile into the street, Sanchez jumped into the car, locked the doors, and refused to leave. The men towed the car at a high rate of speed to the repossession yard. They parked the car in the fenced repossession yard, with Sanchez inside, and padlocked the gate. Sanchez was left in the repossession lot with a Doberman Pinscher guard dog loose in the yard. Later, she was…arrow_forwardWhich of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education