1. Christian Wolff, an infamous accountant (and martial artist), is injured while shutting his computer desk...

1. Christian Wolff, an infamous accountant (and martial artist), is injured while shutting his computer desk drawer in his office at work with a karate chop.

A. Workers compensation would likely cover the employee’s injury.

B. This is a violation of Title VII of the Civil Rights Act.

C. As closing drawers with a karate chop is not part of an accountant job, his injury will not be eligible for workers compensation.

D. Whether or not workers compensation applies to this situation depends on the office policy regarding the proper closing of computer desk drawers.

2. Your roommate is injured in a terrible automobile accident and her parents asked you to contribute blood needed for her survival. You declined because you were busy studying for this examination.

A. You have committed an intentional tort.

B. None of the above.

C. You have committed a strict liability tort, and the determination of damages will be determined by the jury.

D. You have been negligent.

3. You operate the Student Chef Restaurant. An irate client called. She had previously asked you to cater an event tonight and you agreed. Then things got hectic for you, so you asked your friend Wolfgang, who runs another restaurant similar to yours, to cater the event. Apparently he was a no-show. Which statement is FALSE?

A. If Student Chef delegates the duty to perform to Wolfgang, and Wolfgang fails to perform, then Student Chef is not liable because the duty can be delegated.

B. If the client agrees to excuse Student Chef Restaurant from the contract and to substitute Wolfgang, such an agreement is called a novation and relieves Student Chef from liability should Wolfgang fail to perform.

C. Student Chef’s right to receive payment from the client is assignable.

D. It is possible that Student Chef’s duty to perform may be delegated since it is a task that may be done in a workmanlike manner.

Solutions

Expert Solution

1. C. As closing drawers with a karate chop is not part of an accountant job, his injury will not be eligible for workers compensation.

An employee is eligible for compensation when the injury is based on the job and roles and responsibilities that the employee needs to furnish and in this case the employee will not be compensated for the same.

2. D. You have been negligent.

In this there is no tort created because donating blood is a voluntary measure and the individual has been just negligent by not donating blood in this case.

3. A. If Student Chef delegates the duty to perform to Wolfgang, and Wolfgang fails to perform, then Student Chef is not liable because the duty can be delegated.

In this case Student Chef is liable because it was delegated to Student Chef primarily and even if it is delegated then it is done informally and Student chef is the one who will be held liable by the client in this case.

keosha answered 1 year ago

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