New Business Dilemmas
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Assignment requested deadline November 5; NLT 7pm. Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper. You may access the school’s website by logging into:
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To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Below is feedback by professor from previous assignments, please apply.
Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include robust analysis with specific legal examples and legal authority.
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Read the scenarios and the questions that follow. Identify the legal issue(s) and apply legal concepts and possible arguments for each question. Prepare a solution for each question using laws, cases, examples and/or other relevant materials. Support your answers with applicable law and material from the textbook. By Saturday, November 5, 2016, prepare a 5- to 8-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format.
The Dilemmas
In the four years since Devon started Yard Tech in Florida, he incorporated the business, purchased two trailers and two pickup trucks, rented a storage facility for his trucks and equipment, and hired 2 full time employees. Yard Tech services include mowing, edging, mulching, planting, pruning and a variety of landscaping services. Yard Tech also offers pool cleaning services for a few clients. As expected, Devon and Yard Tech experience several scenarios while conducting operations.
Manny, a Yard Tech employee was mowing a yard when the homeowner’s dog escaped from his enclosure and bit Manny in the arm and ankle. The bite to the ankle severed a tendon that required extensive surgery and required months of physical therapy. Manny was unable to work for four months.
Myron was allowed to drive one of the company trucks to and from work because he was responsible for the territory in his part of town. Taking the truck home allowed Myron to go directly to the jobs without wasting time and gas to go pick up the truck each day. When driving home from work, Myron was involved in a collision with Hanh Nguyen. At the time of the accident, Myron had taken a detour in order to stop at the grocery store to pick up a few items and go home. Nguyen’s vehicle was totaled and she missed approximately two weeks of work recovering from her injuries. Nguyen sued Myron and Yard Tech. Myron suffered a broken leg and missed two months of work.
Although Devon considers himself an equal opportunity employer, he refuses to hire anyone who is not a heterosexual male or female based on his religious beliefs. Rey, a woman with 5 years of experience in landscaping applied for a job at Yard Tech. Devon hired Susan who only had two years of experience. Rey felt that she was discriminated against because she was a lesbian.
Because Devon often worked 12 to 14 hour days in the summer, he took his poodle, Brutus, to doggie daycare. Devon completed all of the forms and signs the authorizations without reading them. One day when Brutus was at daycare, he became covered in mud after running around with a golden retriever in the play yard. When the groomers gave Brutus a bath, he collapsed and died.
On December 31, 2013, Devon entered into a 5 year lease for a storage unit with Rudy. In September 2014, Devon discovered he needed more space and found a great deal on a storage facility with indoor and outdoor space for his vehicles and equipment. Instead of leasing, Devon purchased the entire storage facility with the intention of renting out some of the space to help pay for the purchase. Devon knew that Rudy would not let him out of the lease, so he assigned his rights under the lease to Girish on January 2, 2015. Girish used the storage unit and made payments for five months. Without Rudy’s or Devon’s knowledge, Girish vacated the unit end of July without paying for June or July and still owing the remainder of the rent for the lease period.
When Devon purchased the storage facility, he obtained a mortgage from Regions Bank.
• Discuss the potential liability for Yard Tech and the homeowner for the dog bite. Explain the type of insurance, if any, that Devon should maintain for Yard Tech. Be sure to establish a proper legal foundation for your responses.
• Discuss the arguments each party (Myron, Yard Tech and Nguyen) will make related to liability in the accident. Decide which party or parties should be liable and provide support for your choice.
• Determine whether Rey will succeed if she files a discrimination lawsuit against Yard Tech. Discuss state and federal laws that support your answer.
• Using principles of bailment, determine whether Devon could recover damages from the doggie daycare for Brutus’ death.
• Which party is liable for the remaining rental payments? If the party liable for the debt does not pay and Rudy obtains a judgment ordering payment from that party, what are Rudy’s options for seeking payment?
• Explain Devon’s rights in the property, including responsibilities for taxes, payments and future sale of the property. What are Devon’s rights if he defaults on the mortgage and the bank forecloses on the property?
• Identify and explain any ethical concerns that Devon may encounter
• Conclude your paper by providing suggestions for Devon to help prevent future occurrences of these types of legal and ethical problems.
Support your answers using the appropriate law, cases, and/or text material.
Submit the paper in APA format and properly cite sources on a separate page using APA.
Assignment 2 Grading Criteria Maximum Points
Evaluated the potential liability for Yard Tech and the homeowner for the dog bite, including the type of insurance, if any that Devon should maintain for Yard Tech and a proper legal foundation for your responses. 30
Analyzed the arguments each party (Myron, Yard Tech and Nguyen) will make related to liability in the accident. Decided which party or parties should be liable and provided support for your choice 30
Assessed whether Rey will succeed if she files a discrimination lawsuit against Yard Tech, including state and federal laws that support the answer. 30
Assessed arguments for Devon’s recovery from the doggie daycare based on principles of bailment and supported by laws, cases or examples. 30
Evaluated the appropriate party for liability of the rental payments and Rudy’s options for collecting any judgment he receives. 30
Analyzed Devon’s rights and responsibilities related to taxes, payments and sale of the mortgaged property as well as rights related to default and foreclosure. 20
Evaluated any ethical issues. 10
Evaluated suggestions to help Devon prevent future occurrences of each legal and ethical issue identified. 30
Written components. 40
Total: 250
SAMPLE ANSWER
New Business Dilemmas Part II
Question 1
The homeowner from where Manny got the dog bite owes specific duties to persons entering her/his real property by invitation. Manny was on the property for a business operation of mowing the yard. Therefore, it was the duty of the homeowner to discover any danger and ensure safety or warn Manny of the dog in the cage. In most cases, the dog owners are financially liable for any personal injury that their dog causes. A dog-bite statute law in Florida holds the dog owner responsible for any injury that the dog inflicts irrespective of whether the proprietor did not know it would hurt, was careful, or consistently tried to prevent the dog from injuring someone (Ryskamp, 2015).
Therefore, the victim can sue the dog owner if he/she did not provoke the dog and was acting peacefully in a public place or lawfully in a private place (Florida’s dog bite statute, Fla. Stat. Ann. 767.04). The defendant or the insurance company will have to compensate for all the damages resulting from the bite. For instance, a woman going door to door to take a survey was allowed into a house, but unfortunately, a dog came through the front yard of the house, knocked her, and bit her. The front yard was not fenced although there was a sign on the window reading, “Trespassers will be eaten.” The court ruled that the woman entered the house with the permission of the residents; therefore, she could sue the resident owner under the dog-bite statute (Jones v. Manhart, 585 p. 2d 1250. Ariz.1978).
On the other hand, Yard Tech and Devon are legally obligated to ensure safety for their employees. However, in a case of an accident or injury during work, workers compensation insurance should provide coverage ensuring that the injured employee gets medical care and compensation for the time and income lost while unable to report to work. Every employer conducting work in the State of Florida must provide Worker’s Compensation Insurance for his or her employees (Fla. Stat. Ann. 440.02). Therefore, Devon must maintain Worker’s Compensation Insurance for Yard Tech.
Question 2
Employers are always liable for the negligent actions of their employees if an accident occurs in the course of their employment. Hanh Nguyen may have sued Myron and Yard tech based on the arguments holding them liable such as negligent hiring or retention, respondeat superior and negligent maintenance of a vehicle. On the other hand, Yard Tech may argue that Myron is liable for the accident because, at the time of the accident, he had taken a detour to stop at a grocery store. In this situation, the respondeat superior principle does not apply. However, several factors will influence which party is liable for the accident, for instance, the state in which the accident occurred and the car policy. If the company insured the truck, then the insurance company will pay for the damages.
In my opinion, Yard Tech should be liable for the accident because it occurred during the work period. Myron was only driving home, which the company is aware of and the fact that he stopped to buy groceries should not be treated as a personal errand. The accident might have occurred due to the vehicles adverse conditions like a bad tire or poor maintenance, or the employee might have been unfit to drive the vehicle. The employer is held responsible for these factors under negligent hiring and negligent associated with the vehicle’s condition (Sackrin, 2015). Therefore, Devon should pay for all the damages and compensate Myron and the victim for the injuries. Under the common law of Florida, “an employer is liable for damages for the wrongful act of his workers that causes harm to a third party” (Weiss v. Jacobson, 62 So. 2d 904 (Fla. 1953).
Question 3
If Rey files a discrimination lawsuit against Yard Tech, she will succeed because Yard Tech considers himself an equal opportunity employer yet practices sexual discrimination. The Title VII, The Equal Pay Act, The Age Discrimination in Employment Act among other related equal employment laws protect the victim from any form of employment discrimination by an employer. The Federal and State laws of Florida protect sexual discrimination in employment processes. For instance, the 2016 Florida Statutes states, “It is unlawful employment practice to refuse or fail to hire any individual due to the individual’s sex or to discriminate against any person in any program, employment, training, or apprenticeship.” It is also unlawful “to deprive in any way an individual of employment opportunities” (Fla Stat. Sec. 760.01- 760.10).
However, specific jobs may require employers to hire individuals based on sex or religion; for instance, a women’s lingerie shop may only employ females. This is referred to as bona fide occupational qualification (Mallory & Sears, 2015). In the situation of Rey, Yard Tech refused to offer her a job because she is a lesbian. Such acts are punishable by the Federal and State laws. So yes, Rey will succeed if she files a discrimination lawsuit.
Question 4
Taking Brutus to a doggie daycare means that the bailee might have accepted a fee for holding possession and taking care of the pet. This situation is called a consideration type of bailment. For “consideration,” the bailee must ensure to provide a higher standard of care compared to a bailee who is providing care without pay, and in such a situation, if anything happens to the pet, the bailee has to pay for the damages.
If the doggie daycare accepted the responsibility of taking care of Brutus voluntarily, the bailee must ensure safety and proper care of the pet for the bailor to reclaim within an agreed time. Similarly, if Devon left Brutus for an indefinite term, then the bailee had an obligation to take care of it until he takes it back and the bailor can sue the bailee for any damage or harm on the pet during this period. According to Devon’s case, it is not clear on what terms or principles he left Brutus with the doggie daycare; hence it is difficult to determine whether he would recover the damages for Brutus’ death.
However, the fact that he signed and completed some authorization forms shows that the bailee voluntarily or considerably accepted the responsibility. Therefore, there are chances that Devon could recover damages from doggie daycare for the death of his pet. The State law imposes duties upon a bailee, and in the case of any breach of those duties, the bailee is deemed liable, and the bailor can recover damages for negligence or bailment (Delott, 2016).
Question 5
In this case, Devon is liable for the remaining rental payment because he leased out the storage to another party without informing the Rudy. Rudy did not know about Girish, and apart from breaching the agreement with Rudy, Devon went ahead to lease someone’s property without his consent. Therefore, Devon should pay the remaining rent for Rudy’s storage unit.
If he does not pay and Rudy obtains a judgment ordering payment from that the liable party, Rudy’s options include first, he should serve Devon with a written notice providing him three days to pay the unpaid amount and state the action he would take if the tenant does not pay by that time. Secondly, if the responsible party does not pay by the required time, Ruby may use his security money to pay the unpaid rent, and if it is not enough, he can finally sue the tenant to cover the unpaid rent (Garcia, 2016).
Question 6
When a person purchases a fixture (in this case a building affixed to land), the buyer acquires full ownership of the property. Therefore, he has all the rights relating to it such as the right to sell it or give it away, and rights to rent it. He also remains responsible for estate taxes, insurance, and maintenance costs of the property. Devon will similarly have these rights and responsibilities upon entirely purchasing the property.
If he default on the mortgage and the bank foreclose on the property, Devon has a right to redeem the property by paying off the full amount of the unpaid loan together with particular additional payments after the foreclosure sale. However, Devon will only be able to redeem the property before the court clerk files the certificate of sale (Fla. Stat. Ann. 54.0315).
Question 7: Ethical Issues
One of the ethical issues that Devon may encounter is hiring a driver who is unfit to drive the company’s vehicle. He should take note that only licensed drivers should drive company vehicles. The employer has the responsibility to identify any criminal history or unethical acts associated with driving that may cause future accidents, failure to which the employer will be liable for any damages done by the driver in a company’s vehicle.
He may also refuse to give up possession of a property at the end the tenant’s lease. This practice provides the landlord or attorney to demand double monthly rent at the end of every month. Devon should also ensure to fulfill every agreement signed such as contracts, to avoid penalties associated with violation of contracts.
Question 8: Conclusion
Devon can prevent future occurrences of these types of legal and ethical problems if one, he provides Worker’s Compensation Insurance for his or her employees (Fla. Stat. Ann. 440.02). This kind of insurance would enable coverage for any injury or damage of an employee during work. It also prevents Devon from running at a loss in his businesses.
Secondly, he should ensure to hire licensed drivers and ensure all the company vehicles are in safe conditions at all times. Just as in the case of Weiss v. Jacobson, 62 So. 2d 904 Fla. 1953, the law states that an employer is responsible for any harm or damage caused by his or her employee. Therefore, Devon should take measures to avoid such penalties. He should also put in place policies that restrict his employees from wrongdoings causing injuries to a third party.
In addition, he should learn to read and understand every form before signing any agreement. He should seek clarification about the consequences of either party breaching an agreement. For instance, he did not read the form provided at the doggie daycare, which made it difficult for him to determine whether he could recover damages or not. As a pet owner, he should understand that he might be absolving pet bailee from legal responsibility when signing forms and should be aware of the bailee’s right to keep the pet under the Lien Law (Delott, 2016).
References
Delott, J. (2016). The bailees in your pet’s life. Member Resource Library. Retrieved from: http://www.petsitters.org/docs/Ask_Animal_Atty_Bailees.pdf
Fla Stat. Sec. 760.01- 760.10
Fla. Stat. Ann. 440.02
Fla. Stat. Ann. 54.0315
Fla. Stat. Ann. 767.04
Garcia, R. (2016). Florida landlord rights when a tenant refuses to pay. RayGraciaLaw. Retrieved from: http://raygarcialaw.com/2015/09/florida-landlord-rights-when-a-tenant-refuses-to-pay/
Mallory, C. & Sears, B. (2015). Employment discrimination based on sexual orientation and gender identity in Florida. The Williams Institute. Retrieved from: https://goo.gl/LPEMYb
Ryskamp, D. A. (2015). Florida dog bite injury laws & owner liability rules. AllLaw. Retrieved from: http://www.alllaw.com/articles/nolo/personal-injury/dog-bite-laws-liability-florida.html#
Sackrin, A. (2015). Car accidents with company cars or commercial vehicles: What is respondeant Superior? Posted on May 19, 2015. Retrieved from: http://southfloridainjuryaccidentblog.com/2015/05/19/car-accidents-with-company-cars-or-commercial-vehicles-respondeat-superior/
Weiss v. Jacobson, 62 So. 2d 904 (Fla. 1953). Retrieved from: https://scholar.google.com/scholar_case?case=13932952625507886217&q=respondeat+superior+florida+factors+scope+of+employment&hl=en&as_sdt=4,168
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