Reference no: EM13963231

Question 1:

Record owned a farm that was managed by his agent, Berry, who lived on the farm. Berry hired Wagner to bale the hay and told him to bill Record for this work. Wagner did so and was paid by Record. By the summer of the following year, the agency had been terminated by Record, but Berry remained in possession as tenant of the farm and nothing appeared changed.

Late in the summer, Berry asked Wagner to bale the hay as he had done the previous year and bill Record for the work. He did so, but Record refused to pay on the ground that Berry was not then his agent. Wagner sued him. Decide. [Record v Wagner, 128 A.2d 921 (N.H.)]

Question 2:

Beverly Baumann accompanied her mother to Memorial Hospital, where her mother was placed in intensive care for heart problems. A nurse asked Baumann to sign various documents, including one that authorized the hospital to release medical information and to receive the mother's insurance benefits directly. This form stated: "I understand I am financially responsible to the hospital for charges not covered by this authorization. "Baumann's mother died during the course of her hospitalization.

The hospital later sued Baumann to recover $19,013.42 in unpaid hospital charges based on the form she signed, which the hospital called a "guarantee of payment." Baumann contended that she signed the document as an agent for her mother and was thus not personally liable. Decide. [Memorial Hospital v Baumann, 474 NYS2d 636 (A.D.)]

Question 3:

Continental Photo, Inc., is a portrait photography company. Alex Riley, a black man, applied for a position as a photographer with Continental. Riley submitted an application and was interviewed. In response to a question on a written application, Riley indicated that he had been convicted for forgery (a felony) six years before the interview, had received a suspended sentence, and was placed on five-year probation. He also stated that he would discuss the matter with his interviewer if necessary. The subject of the forgery conviction was subsequently not mentioned by Continental's personnel director in his interview with Riley. Riley's application for employment was eventually rejected. Riley inquired about the reason for his rejection.

The personnel director, Geuther, explained to him that the prior felony conviction on his application was a reason for his rejection. Riley contended that the refusal to hire him because of his conviction record was actually discrimination against him because of his race in violation of Title VII. Riley felt that his successful completion of a five-year probation without incident and his steady work over the years qualified him for the job. Continental maintained that because its photographers handle approximately $10,000 in cash per year, its policy of not hiring applicants whose honesty was questionable was justified.

Continental's policy excluded all applicants with felony convictions. Decide. Would the result have been different if Riley had been a convicted murderer? [Continental Photo, Inc., 26 Fair Empl.Prac.Cas. (B.N.A.) 1799 (E.E.O.C.)]

Question 4:

Daniel Zuckerman, a minor, and Elaine, his mother, brought a medical malpractice action against Dr. Joseph Antenucci and Dr. Jose Pena. Although the summons did not state that the two defendants were partners, the undisputed evidence at the trial established that this was their relationship and that the alleged acts of malpractice were done in the course of partnership business. The jury returned a verdict finding that Dr. Pena was guilty of malpractice but that Dr.

Antenucci was not guilty of malpractice. The amount of the verdict was $4 million. Antenucci contended that he cannot be held liable on a partnership theory for the act of his partner. Is he correct? [Zuckerman v. Antenucci, 748 N.Y.S.2d 578 (A.D.)]