Overview
Develop a F-IRAC for the following fact patterns Due June 6. the standard criteria for the F-IRAC process will be applied to your work. For this and the extra credit it is essential that you use facts from cases presented in our text book to show similarity between precedent case facts and current case facts. This is your last chance to show that you really understand the F-IRAC process. Please go back and read the F-IRAC files available on the home page and the Welcome Module
Agent/Principal Liability
Tom works as a traveling salesperson for his company Iron Products Inc. Tom has a specific geographic area in which to solicit orders and service companies during assigned time periods. He has been provided a company car for this purpose. When his company car is in the shop for maintenance Tom takes his personal car to use covering his sales calls. Having finished all of his calls in Iron Town before noon he leaves for Coal Town for his next appointment at 2 pm. Knowing that Iron Town is only 20 miles away he decides part way down the road to visit an old college friend who lives just 10 miles off the main road. Tom suddenly realizes that it is 1:45 pm and he will be late for his first appointment in Coal Town. In his rush to get back to the main road, Tom crashes his car into a tractor severely injuring JoeJoe the tractor driver who files a complaint against Iron Products for his injuries.
Use F-IRAC , Chapter 32 and Chapter 33 to analyze Iron Products liability to Joe Joe You must cite cases from the textbook and use acts from our textbook cases
Extra Credit Fact Pattern 2 Liability for Independent Contractors 100 pts
Crum Brothers Corp., a steel drum manufacturer, owned and operated a manufacturing plant in Pittsburg, Penn.. Cole Stone, the plant superintendent, hired Pitt Security Patrol, Inc. (PSP), a security company, to guard CBC property and deter thieves and vandals. Some PSP security guards, as Stone knew, carried firearms. Craig Sharper, a PSP security guard, was not certified as an armed guard but nevertheless took his gun, in a briefcase, to work. While working at the CBC plant Craig fired his gun at Don Stew, a CBC employee, in the belief that Stew was an intruder. The bullet struck and killed Stew. Stew's mother filed a suit in court against CBC and others, alleging in part that her son's death was the result of PSP's negligence, for which CBC was responsible.
Questions to consider, but not limit yourself by. What is the plaintiff's best argument that CBC is responsible for Craig Sharper's actions? What is CBC's best defense? Who was the principal and wo was the agent in these facts. Was this an inherently dangerous situation? Provide rules and analysis for Liability for Agent's independent torts or crimes, and Independent Contractor's torts or crimes . Apply language and findings of M.J v. Wisan as found in your textbook CVhapter 33. Is this different from the case above.
USE F-IRAC to analyze the agency relationships and liabilities.