HOMEWORK PROBLEM #1
Oscar was an attorney. On 5 December 2008 he was hired by the Business Department at Imperial Community College to teach two business law classes during the Spring Semester of 2009. It was agreed that he would teach classes on Monday and Wednesday from 9:00 to 10:15 AM and 11:00 AM to 12:15 PM. He would be paid a monthly salary for each of the five months that made up the Spring Semester. (Taxes and Social Security payments were to be withheld from his salary.)
On 10 December Oscar entered into an agreement to teach two business law classes for the University of Newton, a private “for profit” institution. These classes were to be taught on Tuesday and Thursday from 9:00 to 10:15 AM and 11:00 AM to 12:15 PM.
Oscar entered into a written agreement with the University of Newton providing that he would have the status of an “Independent Contractor”. He was to be paid a fee of $5000 for each class that he taught; one-half of this money would be paid to him on 5 March 2009 and the other one-half on 5 June 2009 after the classes had ended. (Taxes and social security payments were not withheld from his salary.)
The University of Newton required all of its teachers to teach using a syllabus that Newton had already prepared; this required the instructors to teach every topic on the day specified in the syllabus, to use the teaching methods specified by University policy such as the use of case discussion in each class session, and to use the textbook that the University had already chosen. Each instructor was also required to use tests that the University had already written to determine the grades to be given to students in the classes. The agreement also provided that if an instructor failed to teach a class session $500 would be deducted from the fee to be paid to that instructor by the University.
At 10:55 AM on 7 March 2009 Oscar was running between room 205 of the building housing the University of Newton (where he taught his 9:00 AM class) towards room 110 in the same building (where he taught his 11:00 AM class). While rushing down the stairs between the second and the first floors Oscar negligently collided with Rosa (a student at the University of Newton) and Lucia (who was employed to teach Accounting classes at the University of Newton). Both Rosa and Lucia were seriously injured.
(a) What lawsuits might Rosa bring? What would the result of each one be?
(b) What lawsuits might Lucia bring? What would the result of each one be?
Classes for Spring Semester 2009 at Imperial College ended on 15 May 2009; classes at the University of Newton ended on 18 May 2009. On 21 May Oscar took advantage of a cheap travel package and flew to Las Vegas to spend 4 days there. He took all of the final exams from his classes with him so that he could read and grade them. He was required to turn in his final grades at both institutions on 25 May. He was staying at the Rio Hotel. At 10 AM on 23 May Oscar went to a table near one of the pools at the Rio. He sat down and spent the next two hours grading exams written by students from his classes at Imperial College. During this time he consumed several alcoholic drinks. He then ordered another drink from the bar. When Rodela — a waitress who served drinks at the Rio pool — arrived with his drink Oscar negligently fell on top of her. Rodela was knocked to the ground, and she was seriously injured by glass that broke during her fall.
(c ) What lawsuits might Rodela bring? What would the result of each one be?