Chemco is a large Florida incorporated multi-national company engaged in the production, storage and distribution of dangerous chemicals used to manufacture fertilizers. It occupies a factory site in West Palm Beach, FL. The company has won many awards for the care it takes in training staff to handle such chemicals. Anxious not to lose valuable expertise, it offers retired ex-employees the opportunity to return on a part-time basis to help with training new staff.
The ex-employees are allowed to retain their protective clothing for a small fee and their names are kept by the company on a register of those willing to help. In December 1999, Chemco was faced with a severe shortage of workers due to holidays and a flu epidemic. Concerned about the safety implications of being short staffed and reluctant to close the plant and lay off workers just before Christmas, the company took the following steps:
Letters were sent to all retired staff living within 50 miles of the factory asking them to work part-time over the Christmas holiday period. The staff were to sign a fixed-term agreement under which they are designated “part-time labor only contractors” and are paid a lump sum based on hours worked plus a $500 Christmas bonus. They were under no compulsion to work any set hours but would be called in as and when required. 10 ex-employees, including Jones and Stevens agreed to resume work on these terms.
The following events occur when the new staff begin work:
Williams, Chemco’s on site manager, after checking the work records of all the new workers requires Jones and Stevens to form a work details and fill a vat with the nitrogen compounds, which form the basis of fertilizers. Williams tells the workers to use the small loading crane rather than the large crane because although the job will take longer, the small crane is more maneuverable in the small space and there is less likelihood of accidents. After Williams departs, Jones who has 20 years of experience working for Chemco insists on using the large crane. In the process of loading the vat, the crane, due to the negligence of the crane driver and the other worker who was directing its operation, hits the side of the vat causing a spark that ignites the mixture. The workers were unscathed but an office worker, Matthews, was seriously injured by flying debris.  Matthews took action against Chemco. At the trial, Judge Thomas held in awarding damages to Matthews that:

Jones and Stevens were employees of Chemco and thus Chemco could be vicariously liable for their actions.
In disobeying Williams’s direct instructions Jones and Stevens were acting in the course of their employment.

Don't use plagiarized sources. Get Your Custom Essay on
Just from $13/Page
Order Essay

Chemco now appeals on the following grounds:

Jones and Stevens were not employees of Chemco but independent contractors. As such, Chemco could not be held vicariously liable for their actions.
In disobeying Williams’s direct instructions Jones and Stevens put themselves outside the course of their employment thus Chemco could not be liable for their actions.

Based upon this fact pattern, what issue(s) would you raise to be answered by your legal research?   What sources would you examine to begin researching this issue(s)?

250 words

Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
The price is based on these factors:
Academic level
Number of pages
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more
error: Content is protected !!
Live Chat 1 763 309 4299EmailWhatsApp

Order your essay today and save 15% with the discount code GINGER