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Think Tasks

Think Tasks

 Steps For both Discussions:

Please remember as we discussed in the zoom session, you are debating   the DEBATE THIS  prompt. You are going to write an introductory   paragraph stating your position with 3 supporting paragraphs and then a   conclusion. Feel free to incorporate the fact pattern I gave you as an   example to help prove your point. But you do not necessarily have to   answer the questions posed. I want to see reasoned analysis and  critical  thinking. There is no right or wrong answer.  Feel free to use  the  internet for all supporting resources, cases, journal, articles,  etc…  Make sure that you cite your sources. 

1. Respondeat Superior 

Lynne  Meyer, on her way to a business meeting and in a hurry, stopped by a  Buy-Mart store for a new car charger for her smartphone. There was a  long line at one of the checkout counters, but a cashier, Valerie Watts,  opened another counter and began loading the cash drawer. Meyer told  Watts that she was in a hurry and asked Watts to work faster. Watts,  however, only slowed her pace. At this point, Meyer hit Watts. It is not  clear whether Meyer hit Watts intentionally or, in an attempt to  retrieve the car charger, hit her inadvertently. In response, Watts  grabbed Meyer by the hair and hit her repeatedly in the back of the  head, while Meyer screamed for help. Management personnel separated the  two women and questioned them about the incident. Watts was immediately  fired for violating the store’s no-fighting policy. Meyer subsequently  sued Buy-Mart, alleging that the store was liable for the tort (assault  and battery) committed by its employee. Using the information presented  in the chapter, answer the following questions.

  1. Under what doctrine discussed in this chapter might Buy-Mart be held liable for the tort committed by Watts?
  2. What is the key factor in determining whether Buy-Mart is liable under this doctrine?
  3. Did  Watts’s behavior constitute an intentional tort or a tort of  negligence? How would this differ-ence affect Buy-Mart’s potential  liability
  4. Suppose that when Watts applied for the job at  Buy-Mart, she disclosed in her application that she had previously been  convicted of felony assault and battery. Nevertheless, Buy-Mart hired  Watts as a cashier. How might this fact affect Buy-Mart’s liability for  Watts’s actions

Debate This:

The doctrine of  respondeat superior should be modified to make agents solely liable for  some of their own tortious (wrongful) acts

2.   Franchises 

Carlos  Del Rey decided to open a fast-food Mexican restaurant and signed a  franchise contract with a national chain called La Grande Enchilada.  Under the franchise agreement, Del Rey purchased the building, and La  Grande Enchilada supplied the equipment. The contract required the  franchisee to strictly follow the franchisor’s operating manual and  stated that failure to do so would be grounds for terminating the  franchise contract. The manual set forth detailed operating procedures  and safety standards, and provided that a La Grande Enchilada  representative would inspect the restaurant monthly to ensure  compliance.

Nine months after Del Rey began operating his  restaurant, a spark from the grill ignited an oily towel in the kitchen.  No one was injured, but by the time firefighters put out the fire, the  kitchen had sustained extensive damage. The cook told the fire  department that the towel was “about two feet from the grill” when it  caught fire, which was in compliance with the franchisor’s manual that  required towels to be at least one foot from the grills. Nevertheless,  the next day La Grande Enchilada notified Del Rey that his franchise  would terminate in thirty days for failure to follow the prescribed  safety procedures. Using the information presented in the chapter,  answer the following questions.

  1. What type of franchise was Del Rey’s La Grande Enchilada restaurant?
  2. If Del Rey operates the restaurant as a sole proprietorship, who bears the loss for the damaged kitchen? Explain.
  3. Assume  that Del Rey files a lawsuit against La Grande Enchilada, claiming that  his franchise was wrongfully terminated. What is the main factor a  court would consider in determining whether the franchise was wrongfully  terminated?
  4. Would a court be likely to rule that La Grande  Enchilada had good cause to terminate Del Rey’s franchise in this  situation? Why or why not?

Debate This:
All  franchisors should be required by law to provide a comprehensive  estimate of the profitability of a prospective franchise based on the  experiences of their existing franchisees