1. Al, a white male working in a factory, called a black coworker Bill such names as “watermelon man” and “buckwheat.” The coworker told Al to stop. Al continued the name-calling and Bill called Al a “cracker” and a “honkey.” Later while Al was talking to his supervisor, Bill twice hit Al in the face causing significant medical expense. Discuss Al and Bill’s claims against their employer.
1. Second Hand Store published advertisements in a newspaper for a sale on fur coats, mink scarves, and a lapin stole. Each of the advertisements indicated that the sale items would be sold on a first come first served basis, stated the quantities of each item available, and stated that they would be sold for one dollar each. Louis was the first customer to present himself and offer the one dollar price per the terms of the advertisement. The defendant refused to sell the sale items to and told him that according to the “house rules” the offer was intended for women only. Louis sues for breach of contract or in the alternative specific performance. Discuss.
1. 3 S, age 17, had used her neighbor’s pool “hundreds of times.” S and her neighbor’s nephew, a 34 year old male, went to the pool. S was noticed floating face down in the pool. She had broken her neck apparently from a dive into the four foot deep above round pool. She died a few hours later. The pool originally had stickers around the edge that said “no diving” but the edge had been replaced and the stickers were gone. S’s mother sues her neighbor. Discuss and decide the case.
Mary owns a medium-size distribution business with about 20 employees. Mary had an unusual management style and from time to time would throw items at her employees. Paul was working in the warehouse one hot summer day and accidentally gave a will-call customer the wrong goods. The customer came back to the office a short while later upon discovering the problem. Mary was in the office and asked who had filled his order. The customer described Paul, whereupon Mary went to the warehouse and threw a computer printout, with stock numbers and product descriptions, at Paul, yelling, “Use this, you idiot. Maybe you can do your job then!” Paul was startled, and by reflex turned to run after Mary, but slipped when he was barely under way. Paul’s back was injured when the computer printout hit him, and he injured his leg when he slipped. Discuss Paul’s claims.
Sam wants to sell his stereo system because one side of his amplifier occasionally doesn’t work properly and the cost of repair is so high that Sam wants to get a new stereo. Otherwise, it works well and the sound quality is very good. Sam places an advertisement in the newspaper and Bob comes to look at the stereo. Bob tries it out and likes what he hears. The following conversation then takes place:
Bob: How does it work?
Sam: Listen for yourself. Isn’t that sound great?
Bob: Yes, it is. Have you ever had to have it repaired?
Sam: It’s never been repaired … it’s just as it came from the factory. Try the CD, the cassette tape, and the tuner. You’ll see they all work.
Bob plays a cassette tape and after a few minutes, the sound on the left channel sounds distorted.
Bob: This was sounding great, then all of a sudden it didn’t sound right. I know a lot about stereos and that just didn’t sound the way it should.
Sam: Try the CD and I’ll get another tape.
Bob plays the CD and no further problem occurs. Bob then tries a different cassette tape and no further problem occurs. Bob spends an hour or so playing and testing the stereo system. Sam and Bob then negotiate a price. Bob pays and takes the stereo home only to discover the problem. Bob wants to get out of the contract. Discuss whether Bob can get out of the contract and get his money back.
Ray and Rayetta were on a camping vacation in Maine. They had reservations for themselves and their car on a ferry from Bar Harbor, Maine to Nova Scotia. Because they had their two mountain bikes mounted upright on a roof rack on their car, they had to use a special line including motor homes, vans, and other high vehicles. Upon loading onto the ferry, all of these high-profile vehicles used the rightmost of the six parallel lanes on the auto deck of the ferry. When the drivers returned to their cars upon reaching Nova Scotia, they were directed off the ferry by ferry employees. The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited. After waiting for another 10 minutes, one of the ferry employees motioned Ray and Rayetta to turn to the left into the next lane rather than wait for the motor home to move. Ray and Rayetta followed the employee’s hand signals, but unfortunately their bikes struck a low clearance pipe and the frames of both bikes were destroyed. Discuss the issues and outcome of their lawsuit against the ferry company.
kindly use IRAC analysis in the answer