Answer questions based on each of the following scenarios. You will specifically find it helpful to review the contents of negligence law, contract law, and business forms:
Scenario 1
Casey is 19 years old and is attending the first year of the University of Northern British Columbia’s nursing program. She became notorious for the amazing parties she threw. However, those same parties caused Casey to neglect her studies, and she earned poor marks in school. She was placed on academic probation due to low marks and didn’t want to be removed from the program.
Ashley is Casey’s close friend. People frequently commented on how similar Casey and Ashley’s appearances are. Ashley is 20 years old and is in the second year of the nursing program at UNBC. Ashley regularly earns As on exams.
Casey is struggling to study for her final exam in Biology. The class size is approximately 80 students. She says to Ashley, “there’s no way I can write this exam and I’m about to be kicked out of school. My parents are going to kill me if that happens. I know you’re really good at this stuff. How about this: You take my identification, pretend to be me, and write the exam on my behalf. I’ll give you $500 to do it.”
Ashley, needing the money to help pay for her next year of school, says “No problem, I’ll do it!” Ashley pretends to be Casey during the exam. However, Ashley never bothered studying and her biology knowledge wasn’t as good as she remembered. Ashley scored only 40%, and Casey failed the course and dropped out of school. Casey refused to pay Ashley $500.
QUESTIONS
Ashley sued Casey to collect the $500.
1. Do you think this contract is enforceable? Explain.
2. Does your answer change if this contract is written and not verbal?
Scenario 2
Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. He’s been at his job six months and feels comfortable in his position, although he is still learning. There are only two people in his office – himself and his manager, Sally. One Friday, Sally stayed home sick because of a flu. Mike still attended work, as he had a lot of paperwork to get complete. In the middle of the day, Johnson, a customer from a large plumbing firm, walks in. He tells Mike that he needs to purchase supplies for a water fountain installation and asks Mike for a recommendation.
Mike recommends materials that later turn out to be inadequate for the job. Over the weekend, the materials were installed and later caused a leak, causing serious water damage in the foyer of an office building.
QUESTIONS
3. Explicitly referencing each of the elements of negligence, discuss if you think that Mike was negligent in this scenario. In addition, you should discuss if Johnson being from a large plumbing firm makes a difference in whether or not Mike was negligent.
4. Assuming that negligence did indeed happen, is Sally liable for Mike’s negligence? Explain.
5. If the answer to 4 is yes, are Sally’s personal assets at risk? Explain.