BUSINESS LAW – BUAD 381 this assignment is to answer each question following the IRAC format. FACTS: On January 1, 2015, Jackson Delivery Services entered into a threeyear contractual agreement with Purple Rain Digital Company. Pursuant to the agreement, Jackson Delivery Services is required to deliver to all Best Buy stores on Tuesdays and Fridays of each week. Purple Rain Digital Company pays $1,000,000.00 per month to Jackson Delivery Services pursuant to the contract. Best Buy has a 10-year contract with Purple Rain Digital Company wherein pursuant to said contract, Best Buy pays Purple Rain Digital Company $15 million dollars a year for their products that are sold in exclusively in their stores. On October 1, 2015, a 30-day truck driver strike caused all delivery truck deliveries to cease for Jackson Delivery Services, so no deliveries were made. During the strike, Houston Delivery Services, aware of the strike, hired non-union drivers and contacted Purple Rain Digital Company to perform all deliveries during the strike only. On November 1, 2015, a day after the strike ceased, a severe snow storm caused a 30-day delay on all deliveries, meaning there were no deliveries in the month of November. On December 1, 2015, the roof at the Best Buy location at Arundel Mills Shopping Center collapsed and the store was closed until January 1, 2016. Therefore, between October 1, 2015 and December 31, 2015, no Purple Rain Digital Company products were sold. QUESTION NO. 1: You have been hired to represent Purple Rain Digital Company. QUESTION NO. 2: You have been hired to represent Jackson Delivery Services. QUESTION NO. 3: You have been hired to represent Best Buy. QUESTION NO. 4: You have been hired to represent Houston Delivery Services. QUESTION NO. 5: You have been hired to represent Arundel Mills Shopping Center. QUESTION NO. 6: FACTS: You are the owner and operator of a new electronics store in Baltimore City. Your grand opening will be Thanksgiving for a preBlack Friday sale. You are selling brand new 70 inch Samsung televisions for $800.00 and the first 20 of those televisions for $500.00. Your doors will open at 9pm on Thanksgiving. You have 5 employees working at the store as cashiers and your other 5 employees working that day in other capacities, 2 of whom will open the doors at 9 pm. At approximately 8 pm, approximately 250 people are standing outside of your store’s entrance. At approximately 9 pm, the doors open and people storm your store. During the storm of people into your store, 3 people are injured. One person was injured when she fell and was trampled. The second person was in a wheelchair and was injured when they fell from their chair and was trampled. The third person was one of your employees that opened the door and he was trampled when as soon as he opened the doors, the people that stormed the store trampled him. All three persons file a lawsuit claiming negligence and/or gross negligence for the injuries they sustained. Who are they suing and what will the results be? QUESTION NO. 7: FACTS: You are the owner and operator of a restaurant that stays open 24 hours a day. On Friday night, a group of teenage patrons entered your restaurant, dined and were disorderly in their conduct towards other patrons. Your employee, Shelly, the manager, kindly asked the group of teenage patrons to leave. One teenager, Ashanti, responded with profanities to Shelly telling her that she was not leaving and threatened to “kick her ass.” Shelly, responded, “I wish you would,” at which time, Ashanti physically attacked Shelly by punching her repeatedly. Ashanti defended herself and got Shelly off of her and then proceeded to strike Ashanti repeatedly causing Ashanti to fall back and hit her head awkwardly on the ground, causing Ashanti to become paralyzed from the waist down. Ashanti files a lawsuit against Shelly and your company. What are the legal theories of the lawsuit and what will be the result? QUESTION NO. 8 (10 points): TRUE OR FALSE: If you file a lawsuit against someone for breach of contract and are successful at trial, you are always guaranteed to have your attorney’s fees paid. QUESTION NO. 9 (10 points): TRUE OR FALSE: In Maryland’s circuit court, during discovery, you can only make 30 requests for production of documents. QUESTION NO. 10 (10 points): TRUE OR FALSE: In a corporation, the Board of Directors is required to follow the Articles of Incorporation. QUESTION NO. 11 (10 points): TRUE OR FALSE: The State of Maryland is part of the U.S. Court of Appeals’ Fourth Circuit. QUESTION NO. 12 (10 points): TRUE OR FALSE: The State of Maryland is part of the U.S. Court of Appeals’ Fourth Circuit. QUESTION NO. 13 (10 points): TRUE OR FALSE: Rescission is the voiding of an offer before acceptance. QUESTION NO. 14 (10 points): TRUE OR FALSE: The purpose of discovery is to give the parties a chance to settle the case before trial. QUESTION NO. 15: FACTS: Carl Lucas is an at-will employee at POP’s Barbershop, LLC. Pops is the sole owner of the barbershop and employs Kay, J.B. and Wally. Cordell Stokes is the owner of Uptown Distributors, LLC. During their workday at POP’s, Kay, J.B. and Wally take the company van to pick up distribution items (50 boxes) for POP’s from Uptown Distributors, LLC. While picking up boxes for POP’s they also intentionally take 50 boxes of merchandise that belonged to Manny Martinez and accidentally took 50 boxes of merchandise from another customer, Misty. You have been hired to represent the legal interests of Cordell Stokes? What actions do you take on Mr. Stokes behalf and against whom? What if you were hired to represent POP’s? What actions would you take on his behalf and against whom? What if you were hired to represent Misty? What actions would you take on her behalf and against whom? EXTRA CREDIT QUESTION….the below question is for extra credit only. Not required. QUESTION NO. 1: On Monday, February 1, after a seven-day snow storm compiling up to 18 inches of snow, Tyson took his daughter, Tiana, age 7, to her elementary school in Baltimore City. Because of the number of days that it snowed, the only areas that were plowed were the roads, parking lots and some, but not all sidewalks. As did most parents that drove their children to school, Tyson parked in the school parking lot and walked Tiana to the school building using the sidewalk. While walking Tiana on the sidewalk, she ran away from him to play in the snow pile near the door’s entrance where other students were playing and building snowmen. Tyson chased after Tiana and slipped and fell on black ice on the sidewalk, fracturing his hip. USE IRAC for this scenario. QUESTION NO. 2: On Saturday, August 20th, John and Jeff purchased a food truck delivery truck for their recently started business from an auto auction in Pennsylvania. The name of their business was AB’s Food Delivery, Inc., which operates in Baltimore, Maryland. The truck was an older model white truck with no markings on the side; and because they just purchased the vehicle, they only had temporary tags. While driving from Pennsylvania to Maryland, it started to rain heavily and they were forced to the side of a road near Hunt Valley, Maryland because the windshield wipers on the van were inoperable. Thus, John and Jeff sat in the van waiting for the rain to cease. About 30 minutes prior to John and Jeff pulling over, an older white van that was reported stolen was used in an armed robbery of a bank in Baltimore, Maryland. There were 4 masked men involved in the robbery and during the escape from the bank, the armed security guard was shot in the head by the robbers. The white van was reported as last being seen headed north towards Pennsylvania. A dispatch was sent to all law enforcement officers. Officer Johnson received the dispatch and he, as were all other officers, were on the lookout for a white van with 4 masked men. While driving in the heavy rain, Officer Johnson observed the white van that John and Jeff were in pulled over on the side of the road. Officer Johnson initially drove by the vehicle and attempted to look into the vehicle and saw two people not wearing masks sitting in the front two seats. Officer Johnson could see nothing else. Officer Johnson circled back and pulled up about 50 feet behind the van. John and Jeff did not see Officer Johnson pull up behind them. In fact, both John and Jeff had fallen asleep in the van. Officer Johnson called for back-up officers by stating “possible suspect van” located; and then approached the van. When Officer Johnson walked up to the passenger’s side of the window, he tapped on the passenger’s side window with his gun drawn, which startled John, who was seated in the passenger seat. Officer Johnson instructed John to step out of the vehicle with his hands up, which John did. Officer Johnson then instructed conducted a pat-down of John for weapons and found nothing but about $5000,00 in cash rolled up in John’s back pocket in a rubber band. Officer Johnson then instructed Jeff to step across the passenger’s side of the vehicle to exit on the passenger’s side of the van. As Officer Johnson was instructing Jeff to exit, Officer Arrington pulled up and observed Officer Johnson instructing Jeff to exit. Officer Arrington pulled his weapon out and approached the location where Jeff was exiting the van. As Jeff was exiting the van, he tripped over a tool in the passenger side and fell forward towards Officer Johnson. Officer Arrington immediately shot Jeff five times in the chest. Jeff died instantly. USE IRAC for this scenario.
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