Entrepreneurial legal liability
Read the entrepreneur’s dilemma 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. Identify potential ethical
issues and propose a solution for each issue. Support your answers with information
from the textbook and at least two outside scholarly sources. Prepare ideas for
a 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 Dilemma
In the five years since she started Critter Sitters in
Orlando Florida, Lauren incorporated the business, rented a small building,
purchased two mobile grooming vans and hired 16 employees. Critter Sitters
services include walking, feeding, grooming, training and providing other
services for pets. Some services are provided at the clients’ homes and others
are provided in the leased office space.
June, a Critter Sitters customer, was waiting for her Great
Dane, Pooky Bear, to get a bath. While June was waiting in the lobby, Jason, a
Critter Sitter employee, lost control of a dog he was bringing to a customer.
The dog ran into June, knocking her to the ground. When June complained, Jason
kicked her. About that time, the groomer brought out Pooky Bear and the dog bit
Jason in the thigh, heavily damaging muscle tissue.
Is Critter Sitters liable for June’s injuries? Be sure to
establish a proper legal foundation for your response.
Which party is liable to Jason for the dog bite – June or
Critter Sitters?
Explain what type of insurance, if any, Lauren should have
for Critter Sitters. Justify your response.
Patrick and Alicia Allen worked for Critter Sitters as
mobile groomers. The Allens were allowed to keep the mobile van at their home,
because they routinely drove to work sites directly from their home. Alicia
Allen was involved in a collision with Terrell Baker while driving the van home
from work one day. At the time of the accident, Alicia had taken a detour in
order to stop at the grocery store—she had intended to purchase a few items and
then go home. Baker’s car was totalled and he missed approximately two weeks of
work recovering from his injuries. Baker sued the Allens and Critter Sitters.
Alicia suffered a broken back and may be paralyzed.
Are Critter Sitters or the Allens liable for Baker’s
injuries? Why or why not? Discuss fully, citing to case law to support your
position.
Assume Critter Sitters has insurance on the vehicles and the
Allens maintain insurance on their personal vehicles. Which insurance company
will be liable for payment of Alicia’s claims?
Lauren’s employees came from diverse backgrounds and Lauren
considers herself an equal opportunity employer. Because of her religious
beliefs, Lauren refused to hire homosexuals. Terry, a groomer with 10 years
experience applied for a job at Critter Sitters. Lauren hired Sue, who only had
five years experience. Terry felt that she was discriminated against because
she was a lesbian.
Determine whether Terry will succeed if she files a
discrimination lawsuit against Critter Sitters? Discuss state and federal laws
that support your answer.
Ellie took Bruno, her Chihuahua, to Critter Sitters for a
day of pampering. Ellie provides her phone number and signs the authorization
form without reading it. While the groomers were bathing Bruno, he collapsed
and died.
Using principles of bailment, determine whether Ellie should
recover for Bruno’s death.
On January 1, 2010, Lauren entered into a 5 year lease
agreement with Warren. In 2011, Lauren discovered she needed more space and
found a great deal on an office building with twice the amount of space.
Instead of leasing, Lauren purchased the office building. Lauren knew that
Warren would not let her out the lease, so she assigned her rights under the
lease to Barry. Barry moved in and made payments until November 2012. Without
Warren’s or Lauren’s knowledge, Barry moved out at the end of December owing
two months rent.
Which party is liable for the remaining rental payments?
If the party liable for the debt does not pay and Warren
obtains a judgment ordering payment from that party, what are Warren’s options
for seeking payment?
When Lauren purchased the office building, she obtained a
mortgage from First Trust Bank.
Explain Lauren’s rights in the property, including
responsibilities for taxes, payments and future sale of the property.
What are Lauren’s rights if she defaults on the mortgage and
the bank forecloses on the property?
Identify and explain any ethical concerns that Lauren may
face on any of the topics covered in 1-6.
Conclude your paper by providing suggestions for Lauren to
help prevent future occurrences of these types of legal and ethical problems.
Support your answers with appropriate research, reasoning,
cases, laws, and other relevant examples.
Submit the paper in APA format and properly cite sources on
a separate page using APA.
