Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Question
Chapter 3, Problem 8BCP
Summary Introduction
Case summary: The plaintiff RN complained about the unwelcoming sexual behavior of the fellow driver JP to the defendant TNL. The defendant didn’t immediately take an action due to which the plaintiff felt aggrieved and sued the defendant for the violation of Title 7 of the Civil Rights Act, 1964 on the ground of sex discrimination.
To explain: The ability of the defendant to file for motion to seek summary judgment .
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Mark Phipps was employed as a cashier at a Clark gas station. A customer drove into the station and asked him to pump leaded gasoline into her 1976 Chevrolet, an automobile equipped to receive only unleaded gasoline. The station manager told Phipps to comply with the request, but he refused, believing that his dispensing leaded gasoline into the gas tank was a violation of law. Phipps stated that he was willing to pump unleaded gas into the tank, but the manager immediately fired him. Phipps sued Clark for wrongful termination. Clark contended that it was free to terminate Phipps, an employee at will, for any reason or no reason. Decide. Please answer using the IRAC format. Issue: Call of the Question
Rule: Rule of Law to be applied to properly answer the question
Analysis: Applying the rule of law to the facts of the problem presented
Conclusion: Answer to the Issue
Upton is a used car salesman in Athens, Georgia. He often tries to scam (defraud, cheat, bilk, fool,
etc.) his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton's agency
duty, he is explicitly instructed by Klaus to deliver one of the cars currently on their sales lot in
Athens to one of their other locations in Inglewood, California, on Klaus's behalf. The trip is a little
over 2000 miles long and will take several days of driving to complete. Upton understands that the
assignment is time-sensitive and must be completed within the current week. Despite this
knowledge, he proceeds to go several hundred miles off his instructed route and make a pit stop in
Boulder, Colorado. While there, he parties for two whole days and goes on a drunken rampage,
destroying dozens of mailboxes in a quiet residential neighborhood with the very car he was told to
deliver. Eventually, Upton finishes the remainder of his trip as originally planned and delivers the car,
but…
Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.
Knowledge Booster
Similar questions
- Sabrina was hospitalized with severe gastrointestinal pain and placed in an intensive care unit. Her doctor, Pierre Delecto, told the hospital personnel to order around-the-clock nursing care for Sabrina. At the hospital’s request, a nursing firm, AT-ONE Services, LLC, provided two weeks of in-hospital care and, after Sabrina was sent home, an additional two weeks of at-home care. During the at-home period of care, Sabrina was fully aware that she was receiving the benefit of the nursing services. AT-ONE Services, LLC later billed Sabrina for $10,000 for the nursing care, but Sabrina refused to pay on the ground that she had never contracted for the services, either orally or in writing. In view of the facts that no express contract was ever formed, can AT-ONE Services, LLC recover the $10,000 from Sabrina? If so, under what legal theory?arrow_forwardPablo, a resident of New Mexico, while driving through Arizona, was struck by an SUV driven by Derek, a resident of California. Derek was speeding when the accident happened, and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. What type of case is this?arrow_forwardCourtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…arrow_forward
- Harry bought a second-hand laptop from Acer Office Equipment for $900 and spent a further $250 having it overhauled. After using the laptop for some six months, the police arrived at his home one day and asked to examine the laptop. They discovered it had been stolen and seized it from him. It was eventually returned to its true owner. Required: Advise Harry of his rights, if any, under the Australian Consumer Law, against Acer Office Equipment. Do not answer the question using contract law principlesarrow_forwardCapune was attempting a trip from New York to Florida on an eighteen-foot-long paddleboard. The trip was being covered by various media to gain publicity for Capune and certain products he endorsed. By water, Capune approached a pier owned by Robbins, who had posted signs prohibiting surfing and swimming around the pier. Capune was unaware of these notices and attempted to continue his journey by passing under the pier. Robbins ran up yelling and threw two bottles at Capune. Capune was frightened and tried to maneuver his paddleboard to go around the pier. Robbins then threw a third bottle that hit Capune in the head. Capune had to be helped out of the water and taken to the hospital. He suffered a physical wound that required twenty-four sutures and, as a result, had to discontinue his trip. Capune brought suit in tort against Robbins. Is Robbins liable? If so, for which tort or torts?arrow_forwardDavid, an 89-year-old war hero with no living relatives, drove himself at night to a local hospital when he experienced shortness of breath and a headache. When he entered the emergency room (ER) he was placed in a wheelchair and briefly seen by an ER doctor. He was told that he could not be admitted because he was a veteran and had to go to a VA hospital, which was 90 minutes away, for treatment. David was wheeled into the hallway to wait for transportation to a VA hospi-tal. The night shift was very busy. After sitting in the hall for five hours, David complained that he needed to lie down. The ER staff, who had been trying to move him to a VA hospital with no luck, finally transferred him by ambulance to a local nursing home. David had a massive stroke shortly after being admitted to the nursing home and died six weeks later. a. Does there appear to be negligence in this case? In your opinion, who might have acted on behalf of David? In your opinion, would contributory negligence be…arrow_forward
- Joseph Burger was the owner of a junkyard in Brooklyn, New York. His business consisted, in part, of dismantling automobiles and selling their parts. The state of New York enacted a statute that requires automobile junkyards to keep certain records. The statute authorizes warrantless searches of vehicle dismantlers and automobile junkyards without prior notice. One day, five plain-clothes officers of the Auto Crimes Division of the New York City Police Department entered Burger’s junkyard to conduct a surprise inspection. Burger did not have either a license to conduct the business or records of the automobiles and vehicle parts on his premises, as required by state law. After conducting an inspection of the premises, the officers determined that Burger was in possession of stolen vehicles and parts. He was arrested and charged with criminal possession of stolen property. Burger moved to suppress the evidence. Did Burger act ethically in trying to suppress the evidence? Does the…arrow_forwardJolie, an employee of Tenholder, Inc., was drinking during her lunch break on Tuesday. When she got back to work, her boss, Brian, noticed that she had been drinking and sent her home for the remainder of the day, without pay. Brian instructed Jolie to leave her car at work and take a Taxi home and he would pick her up in the morning on his way back into work. Jolie disobeyed and drove home. On her way home, Jolie caused an accident. Is Tenholder, Inc. liable for the damages resulting from the car accident? Is there an agency relationship exists between Jolie and Tenholder, Inc?arrow_forwardA gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and, similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain.arrow_forward
- CEO was convinced by his employee, M. Ploy, that a coworker, A. Cused, had been stealing money from the company. At lunch that day in the company cafeteria, CEO discharges Cused from her employment, accuses her of stealing from the company, searches through her purse over her objections, and finally forcibly escorts her to his office to await the arrival of the police, which he has his secretary summon. Cused is indicted for embezzlement but subsequently is acquitted upon establishing her innocence. What rights, if any, does Cused have against CEO?arrow_forwardMorris, a salesperson for Acme, Inc., a manufacturer of household appliances, receives a commission on all sales made and no further compensation. He drives his own automobile, pays his own expenses, and calls on whom he pleases. While driving to make a call on a potential customer, Morris negligently collides with Hudson, who sues (a) Acme and (b) Morris. Who should be held liable?arrow_forwardDean was hired on February 12 as a sales manager of the Co-op Dairy for a minimum period of one year with the dairy agreeing to pay his moving expenses. By February 26, Dean had signed a lease, moved his family from Oklahoma to Arizona, and reported for work. After he worked for a few days, he was fired. Dean then brought this action against the dairy for his salary for the year, less what he was paid. The dairy argues that the statute of frauds bars enforcement of the oral contract because the contract was not to be performed within one year. Is the dairy correct in its assertion?arrow_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