Assignment- case studies
Case: Nino v. The Jewelry Exchange
CASE QUESTIONS
1. What was the legal issue in this case? What did the appeals court decide?
2. What does it mean for a contract to be "unconscionable," To be "procedurally unconscionable"? "To be substantively unconscionable"?
3. What was the evidence that this agreement was procedurally unconscionable? That this agreement was substantively unconscionable?
4. What does it mean to "sever" illegal terms from a contract? Why did the appeals court decline to do so here?
5. What would you advise this employer to do in light of this decision? Should it redraft the language of the arbitration agreement to deal with the court's objections or drop the whole thing?
Case: Narayan v. EGL, Inc
CASE QUESTIONS
1. What issues did the court consider in this case? What was its decision?
2. What factors did the appeals court consider to determine the employment status of the drivers? How do these compare to the economic realities test? Common law test?
3. How did the appeals court apply these factors to the facts of this case?
4. Why had the district court ruled for the employer? Why does the agreement that the drivers signed not matter?
5. Does the business model of this logistics firm, including an emphasis on teamwork, customer service, and real-time tracking of parcels, fit with the use of independent contractors? Why or why not?
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
Attachment:- Assignment-Case-Studies.rar