The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 19, Problem 5BCP
Summary Introduction
Case summary: Person N is an employee of company CR under a third-party agreement with company M&M. CR did not exercise any control over N and the performance of his duties. While fulfilling a work order, N’s van collided with a car driven by person B.
To find: The liability of company CR in the above case.
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18-6. Discharge by Operation of Law. Dr. Jake Lambert signed an employment
agreement with Baptist Health Services, Inc., to provide cardiothoracic surgery
services to Baptist Memorial Hospital-North Mississippi, Inc., in Oxford, Mississippi.
Complaints about Lambert's behavior arose almost immediately. He was evaluated
by a team of doctors and psychologists, who diagnosed him as suffering from
obsessive-compulsive personality disorder and concluded that he was unfit to
practice medicine. Based on this conclusion, the hospital suspended his staff
privileges. Citing the suspension, Baptist Health Services claimed that Lambert had
breached his employment contract. What is Lambert's best defense to this claim?
Explain. [Baptist Memorial Hospital-North Mississippi, Inc. v. Lambert, 157 So.3d 109
(Miss.App. 2015)] (See Discharge by Operation of Law.)
Business Case Problem with Sample Answer—Determining Employee Status. Nelson Ovalles workedas a cable installer for Cox Rhode Island Telecom,LLC, under an agreement with a third party,M&M Communications, Inc. the agreementstated that no employer-employee relationshipexisted between Cox and M&M’s technicians, includingOvalles. Ovalles was required to designate his aliation withCox on his work van, clothing, and identication badge. Coxhad minimal contact with him, however, and had limitedpower to control how he performed his duties. Cox suppliedcable wire and similar items, but the equipment was delivered to M&M, not to Ovalles. On a workday, while Ovalleswas fullling a work order, his van rear-ended a car driven byBarbara Cayer. Is Cox liable to Cayer? Explain. [Cayer v. CoxRhode Island Telecom, LLC, 85 A.3d 1140 (R.I. 2014)] (SeeAgency Law.)
In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary.
If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?
Chapter 19 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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