Exam 21: Management Perspective: Independent-Contractor Negligence

Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is

Gass Propane Company hires Hick,an independent contractor,to make deliveries.During a delivery,Iggy is killed in an accident caused by Hick's negligence.Iggy's widow Jade files a suit against Gass,asserting that the employer is liable.Gass argues that it had no control over the manner in which Hick did his work.The court is most likely to hold that Gass is

According to the dissent's opinion in Media General Operations,Inc.v.National Labor Relations Board,in determining whether a discharge for an employee's "outburst" in violation of a workplace rule violates the NLRA,the court should focus on whether

AgriEquip Service & Supply,Inc. ,sends Merilyn an e-mail in which AgriEquip offers to employ her for certain hours and a specific amount of money over a limited period of time.She responds with a counteroffer that reduces the hours and increases the money.AgriEquip e-mails an acceptance.Merilyn performs,but AgriEquip refuses to pay.She files a suit against AgriEquip for breach of contract.The court is most likely to rule that the e-mail

The Warehouse Workers Union represents Valley Transfer Company's employees in collective bargaining negotiations over a new contract.In a memo to the employees,Valley's president Uri accuses the union of delaying tactics.Later,Troy,a Valley employee,tells Stella,his supervisor,that Uri is "a m * * * * * f * * * * r." Stella fires Troy for violating a company rule against "threats." Troy files a suit against Valley.Under the holding in Media General Operations,Inc.v.National Labor Relations Board,the court will most likely conclude that the National Labor Relations Act

Pharma Meds Corporation employs Ogilvie under an employment contract that sets out a specific amount of money to be paid for certain results over a stated period of time.During the term of the contract,it becomes clear that the results are not likely to be attained.Pharma then gives Ogilvie the option of accepting a lesser position with fewer duties for less money.Ogilvie accepts via e-mail,but soon files a suit against Pharma for breach of the original contract.The court is most likely to rule that Ogilvie's e-mail

According to the court in the Media General Operations,Inc.v.National Labor Relations Board case,in determining whether a discharge for an employee's "outburst" in violation of a workplace rule violates the NLRA,significant factors include