This assignment involves the recent Jackson v. AEG Live IncLawsuit (case no. bc445587).You will need the materials on d2l relating to the source documents for Michael Jackson (or website where the source documents are located).
This assignment will have you examine Contract Law, Employment Law and some negligence issues to draw a conclusion on whether AEG is responsible in any manner for Michael Jackson's death.
I know that the Jury recently reached a verdict in this case, but the case was still a close one and could have gone either way. You will argue Both sides as indicated in the questions below.
I want you to answer the following questions and provide the following analysis...
I don't want a rambling essay, so answer each question in order by number and letter. Include a good paragraph introduction and a conclusion.
1. Look at and read the entire complaint ... A Complaint is not proof but it does set out the Plaintiff's Jackson Family case. Lets start by looking at the Contract (will post to d2l on Tue or wed)between Michael Jackson and AEG.
a. Did this Contract set out any duties that AEG owed to Michael in terms of his physical well-being?
b. Give some examples of language in the contract that might set out these duties? (I will find and post to d2l the evidence on tue or wed)
c. What if any proof (outside the contract, meaning did they do or say things that makes it look like the corporation voluntarily assumed control over health issues) is there that AEG had some influence on Michael Jackson's level of health or physical well being. Is there any proof of this?
d. Do you think that AEG voluntarily assumed the duty for Michael Jackson's Health, WHY or WHY Not?
e. Assume that the Michael Jackson v. AEG contract showed a contractual duty to care for Michael's Safety, how did AEG breach this contractual duty?
2. Look at and read the entire complaint... A Complaint is not proof but it does set out the Plaintiff's Jackson Family's case. Now lets look at p. 13 Cause of action #2 Negligent hiring, training and supervision Dr. Conrad Murray.
a. Was Dr. Conrad Murray an employee of AEG? In this question present BOTH sides... Yes he was "employee" for these reasons and proof, no he wasn't for these reasons and proof
1. In answering this question USE the qualities of an employee from the slides and the ABC of agency slides.
2. In answering this question cite specific PROOF and language from the contracts that supports each side. See D2l.
3. FOR EACH of the qualities present some type of PROOF that would back up your claims... for each one but especially for the "Control" aspect.
b. In the question above, with respect to Dr. Conrad Murray why would it be important if Dr. Murray was an independent contractor? What affect would this have on Michael Jacksons case? Is there still a way AEG would have liability for what Dr. Conrad Murray did? HOW?
3. As in many legal cases the significant issue is sometimes, What did they know and When did they know it. What evidence (See d2l) might indicate that AEG either Knew or should have known the extent of Michael's sickness, the fact that he was not getting better (or was getting worse), and that Dr. Murray was failing to provide adequate care? WHY in terms of the lawsuit is AEG's knowledge important.
4. If AEG did Hire Dr. Conrad Murray to care for Michael what are the legal duties they assumed by doing so? I mean what are the expectations that Michael could or should have in regards to the Doctor? And what steps should AEG conducted to ensure their legal protection in the hiring of Dr. Murray.
5. What do you think about the result of this case and the jury verdict?