Law and Ethics Real Cases

1. Al, a white male working in a factory, called a black coworker Bill such names as “watermelon man” and “buckwheat.” The coworker told Al to stop. Al continued the name-calling and Bill called Al a “cracker” and a “honkey.” Later while Al was talking to his supervisor, Bill twice hit Al in the face causing significant medical expense. Discuss Al and Bill’s claims against their employer.

2. Frances, a female employee, met with two male coworkers to review the psychological evaluation of four job applicants. Her supervisor read aloud a comment in one of the reports that said the applicant had once said the applicant had once said to a coworker, “I hear making love to you is like making love to the Grand Canyon.” The men chuckled, she complained, and she eventually filed a sexual harassment complaint with the EEOC. Soon thereafter, she was transferred to another position, a move that had been contemplated for some time. Discuss her claim.

3. Second Hand Store published advertisements in a newspaper for a sale on fur coats, mink scarves, and a lapin stole. Each of the advertisements indicated that the sale items would be sold on a first come first served basis, stated the quantities of each item available, and stated that they would be sold for one dollar each. Louis was the first customer to present himself and offer the one dollar price per the terms of the advertisement. The defendant refused to sell the sale items to and told him that according to the “house rules” the offer was intended for women only. Louis sues for breach of contract or in the alternative specific performance. Discuss.

4. Oil Co. (Oil) (plaintiff) presented Seaver (defendant), who operated a gas station, a contract for the lease of the premises containing a “hold harmless” clause which provided that Seaver would hold harmless and also indemnify Oil for any negligence of the oil company occurring on the leased premises. According to the facts, the Defendant was uneducated and was not one who should be expected to know the law or understand technical terms. When the lease was signed Plaintiff presented it to Defendant and said sign it. Nothing indicated that Defendant read the lease or that the “hold harmless” clause in fine print was pointed out to the Defendant. Every year thereafter there continued to be no evidence that Defendant read the lease prior to signing and that the clauses in the leases were ever explained to the appellant.Oil’s employee subsequently sprayed oil on Seaver and his associate causing burns and other injuries. Note—Oil is Plaintiff because they filed for a declaratory judgment to determine if they had liability. This is a contract question. Discuss.

5. The plaintiff, tried to commit suicide by closing herself in the trunk of her ’73 Chrysler. Shortly thereafter she changed her mind, sought to escape, but was unable to do so. She sued the manufacturer of the car for the injuries she sustained from her entrapment. She was enclosed for nine days…and survived. Discuss what claims she can bring and analyze what you believe to be the outcome.

6. S, age 17, had used her neighbor’s pool “hundreds of times.” S and her neighbor’s nephew, a 34 year old male, went to the pool. S was noticed floating face down in the pool. She had broken her neck apparently from a dive into the four foot deep above round pool. She died a few hours later. The pool originally had stickers around the edge that said “no diving” but the edge had been replaced and the stickers were gone. S’s mother sues her neighbor. Discuss and decide the case.