Reference no: EM133032936

Essay 1

Pisa Pizza hired Jack as a deliveryman. Jack fails to stop for a red light at an intersection while making his first delivery of the day and collides with a car driven by Mel Funn. The collision severely damaged Mel's car. Jack's car had only minor damage as a result of the accident. Jack gave Mel his driver's license and insurance information and then drove away to makes his first delivery. Jack then makes twenty (20) more deliveries throughout the day without incident. Jack drives back to Pisa Pizza after his final delivery for the day, happens to pass by his girlfriend Loretta's house, and decides to stop for a visit. Jack parks his car in Loretta's driveway, gets out of the car, walks up to the front door, and knocks three times. Loretta answers the door and lets Jack inside the house. Jack leaves Loretta 15 minutes later, drives his car out of Loretta's driveway, and hits Jill, a pedestrian walking along the sidewalk. Jill su ers a broken leg.

If you cannot answer each of the following questions correctly, setting forth the reasons for your conclusions, then "you don't know Jack":

A) Mel and Jill sue Jack. Do they win?

B) Mel sues Pisa Pizza. Does Mel win?

C) Jill sues Pisa Pizza. Does Jill win?

Essay 2

The Slime Buckets are a local band that started playing for free at various local bars and clubs as they try to gain experience and exposure. Swifty Lamar booked the band at many di erent venues for more than two years as the band's unpaid manager. Finally, in the past two months, Swifty was able to book the band at clubs that paid the band a fee for its performance. Last night, Swifty insisted that the band pay him a commission on any fees it collects for future performances; the band refused and fired Swifty. This morning, Swifty went to The Bunkhouse, a bar at which Swifty had previously booked the band to play for free and convinced the manager: (a) to hire the band to play tonight for $500.00; and (b) pay Swifty $100.00 in advance. Swifty left The Bunkhouse with the $100.00 and never told the band anything.

Are the Slime Buckets obligated to perform at The Bunkhouse tonight? Explain your answer.

Essay 3

The Daily Rag, a local newspaper, provides its customers with home delivery using "Independent Deliverers". The written contract between The Daily Rag and each deliverer:

I. Assigns the deliverer a specific route;

II. Provides the deliverer a commission based on the number of papers delivered;

III. Allows the newspaper to terminate the contract at any time without cause; and

IV. States that the deliverer is an independent contractor and not an agent of the newspaper

The newspaper conducts training sessions on how to make deliveries and sign up new customers for subscriptions. The contract makes no mention of the training sessions, but the newspaper takes attendance at each session. Each deliverer supplies his or her own vehicle to make their deliveries. The newspaper does not withhold Social Security and Medicare taxes from the commissions paid and does not pay the employer's portion of Social Security and Medicare on the commission amounts.

Dom Bell is a delivery driver for The Daily Rag. Dom lost control of his car and crashed into a building owned by Sidney Fields, damaging the building's front entrance and lobby.

Sidney Fields sues The Daily Rag. What is the result of the lawsuit? Explain your answer.