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
expand_more
expand_more
format_list_bulleted
Question
thumb_up100%
Chapter 2, Problem 9BCP
Summary Introduction
Case Summary: A person, NL, was admitted to PCC, a nursing home, for treatment. She suffered from various ailments which included dementia. Owing to NL’s mental condition, her daughter took care of the paper work and signed the agreement. The agreement had a clause requiring the parties in dispute to submit their case to arbitration in the wake of any dispute. Later on, she sued the nursing home for negligent treatment and malpractice. The nursing home forced her to be a subject to arbitration. The trial court concluded that the said agreement was unenforceable. PCC appealed.
To find: (a) The enforceability and ethicality of arbitration in the case of medical negligence and malpractices.
To find: The ability of a person with limited mental capability to arbitration.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
49-5. Landlord-Tenant Relationships. Bhanmattie Kumar was walking on a
sidewalk in Flushing, New York, when she tripped over a chipped portion of the
sidewalk and fell. The defective sidewalk was in front of a Pretty Girl store-one of a
chain of apparel stores headquartered in Brooklyn-on premises leased from PI
Associates, LLC. Kumar filed a claim in a New York state court against PI, seeking to
recover damages for her injuries. PI filed a cross-claim against Pretty Girl. On what
basis would the court impose liability on PI? In what situation would Pretty Girl be
the liable party? Is there any circumstance in which Kumar could be at least
partially responsible for her injury? Discuss. [Bhanmattie Rajkumar Kumar v. PI
Associates, LLC, 125 A.D.3d 609, 3 N.Y.S.3d 372 (2 Dept. 2015)] (See Landlord-Tenant
Relationships.)
Susan is an American citizen who enters into an employment contract with the Spanish government to teach
Spanish government employees how to write grants. Susan was paid for her first two months of work but has not
been paid for three months since. Susan files a lawsuit against the Spanish government in a United States District
Court. Spain desires to have its day in court, so Spain waives immunity. The United States District Court will
O
a. dismiss the case because Susan is an American citizen.
b. dismiss the case because the Foreign Sovereign Immunities Act states that American courts cannot hear
cases against foreign governments.
hear the case because the Act of State Doctrine requires that international contracts be honored.
d. hear the case because Spain waived immunity.
C.
Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454)
1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion.
2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.
Chapter 2 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Deran Cody, a U.S. citizen, married Isolde Trieste, a Portuguese citizen, who came to the U.S. in September 2021 as a tourist to visit her sister. Deran earned $81,000 and Isolde had no U.S. or Portuguese income. Neither Deran or Isolde is a dependent of anyone else. A Form W-7 should be filed for Isolde because she: Qualifies as a resident alien under the substantial presence test. Is a qualifying relative of her sister. Is the qualifying person of a resident spouse, so Deran can claim the head of household filing status. Can make a spousal election to be considered a U.S. resident for tax purposes.arrow_forwardEllen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.arrow_forwardH. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…arrow_forward
- In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.arrow_forwardState whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle. 3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. 5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)arrow_forwardHonda Canada Inc. v. Keays, [2008] Mr. Keays was hired in 1986 by Honda as an assembly-line worker. In 1997 he was discharged with chronic fatigue syndrome and consequently went on disability benefits until the insurer declared that he was fit to return to work. When he returned, the employer put him into its disability program, which required him to submit medical reports for every absence from work. The employer began to doubt the veracity of Mr. Keay’s doctor’s reports and, therefore, in 2000, ordered him to see a doctor it had selected. Mr. Keays obtained legal advice recommending that he not see the employer’s doctor unless the employer clearly indicated the purpose of the examination. The employer ignored the lawyer’s request and summarily dismissed Mr. Keays for cause (without notice) when he refused to meet with the employer’s doctor. The employer claimed that this was insubordination, entitling it to dismiss Mr. Keays without notice. Mr. Keays sued for wrongful dismissal. He…arrow_forward
arrow_back_ios
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education