1. Applying concepts of agency law, discuss StuffMart’s liability for employee torts in the following case study. Be sure to incorporate 2 key terms to explain your analysis. Put the terms in all caps so they stand out. Marty Mad is an employee of StuffMart. When Marty was hired, StuffMart was in a jam to get more workers, so it did not do a background check. Marty works as a stocker and occasionally as a checker. One night, Marty is furious at his supervisor for refusing his vacation request. He storms to his checkout line, still upset, and begins to help a customer by slamming groceries into the bags, throwing items in the cart, and yelling at the customer to hurry and pay. When the customer asks, "What is wrong?" Marty walks around from the register, punches the customer in the arm, and pushes the cart into the customer's stomach with such force that the customer falls to the floor injured. The customer sues StuffMart. You review the facts and Marty’s employment file. Since there was no background check, you order one and find that Marty does not have a criminal record.
2. Most everyone has had a thought of owning a business or buying a franchise. Pretend you are starting your own small business. After reading Chapters 31 and 32, explore the business resources on your Secretary of State’s website. Based upon your readings and research:
What name will you use for your business? Conduct a “name” search for your business on the Secretary of State’s website. Share with the class your findings.
What type of business entity will you elect? Explain why.
What did you learn from the Secretary of State’s website that will help you get your business started?
Provide a link to the Secretary of State’s website at the end of your discussion.
Provide a legal analysis of your decision using key concepts and terms from this week’s readings.