(TCO C) On a busy evening at a local pharmacy and drug store, John Loyal was working as the night manager. It was Loyal's job to count the cash accumulated during the previous manager's shift and place it in the store safe. At the time, there was one other employee working, a 17 year old mentally impaired student working named Tom Smith. During the shift, Loyal became sick and called the day manager, asking him to come in. The day manager refused, so Loyal left Tom in charge of the drug store and failed to put the money in the safe. Right before closing time, three armed robbers entered the store, chased Tom through the store, and demanded money. Tom gave them the money and was shot to death. Tom's mother sued the store. 1. On what legal bases may Tom's mother sue the store? Identify the elements of such claims; 2. What, if any, legal defenses does the store have? 3. Is the store potentially vicariously or directly liable for Tom's death?
(TCOs A, D, E) Eleven months ago, Sally Jones started work for Software Stratus. Sally was hired by the President of Software Stratus (Sam Larson) while they were playing golf together. Sam offered Sally a job in the sales department with a salary of $60,000 year plus a monthly bonus of 15% of her previous month's sales. Sally said to him that she wanted to work there for the rest of her life. Sam laughed and said "Sure" and the two shook hands. Two months ago, Sally announced that she was pregnant and planned to take 4 months off when the baby was born. Sally's maternity leave is set to start at the same time as the release of a new product that Software Stratus is counting on her to sell. Sally was called into the office of the Human Resources and was terminated because she would be gone when the new product was going to be released. Sally said that the president himself had told her she would be employed at Software Stratus for life. Sally also claimed she was being discriminated against as well. 1. Identify and apply an ethical theory from our text that you think Software Stratus should have applied to this situation with Sally. What should Software Stratus do next based upon your analysis? 2. Identify and apply a theory of contract law Sally could use to support her claim that the oral contract with the President of Softward Stratus (Sam Larson) is binding. Do you think it would be successful? 3. Identify and apply a theory of employment law Sally could use to support her claim that she is being discriminated against. Do you think it would be successful?