Preview

Tort

Good Essays
Open Document
Open Document
590 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tort
Case Questions 1. What did Woolley do to show his acceptance of the terms of employment offered to him?
Woolley continued to work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here, the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue?
The executor of Mr. Wolley’s estate could continue the lawsuit and proceed with the case in the name of the plaintiff. If any damages were awarded they would be distributed by the executor to the family members. 3. The court here is changing the law of employment in New Jersey. It is making case law, and the rule here articulated governs similar future cases in New Jersey. Why did the court make this change?
The court made the change to avoid having disgruntled employees sue their employers for no reason. An employer has the right to keep or release and employee just as an employee has the right to stay with a company or to quit.
Why is it relevant that the court says it would be easy for an employer to avoid this problem? I think it is relevant to encourage other employers to add a simple statement in the handbooks to avoid taking up the courts time and resources. This would also clear up any future confusion.

Case Questions 1. What objective evidence was there to support the defendants’ contention that they were just kidding when they agreed to sell the farm?
There is no objective evidence that this was a joke. Many business deals are transacted in a bar while drinking. The defendants’ did not outwardly make it know that they were kidding, the husband even whispered to his wife. 2. Suppose the defendants really did think the whole thing was a kind of joke. Would that make any difference?
If would not make a difference if the defendants really were joking as they did not make it known to the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    3. List three pieces of evidence against the boy on trial, and then tell how the jurors prove those pieces of evidence wrong.…

    • 125 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    12 Angry Men

    • 611 Words
    • 3 Pages

    1.How do you think you might have acted as a juror in this case ? How would you had interacted ?…

    • 611 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    12 Angry Men

    • 303 Words
    • 2 Pages

    6. Which juror do you think was most concerned about the outcome of the trial?…

    • 303 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Courtroom Obersvation

    • 2600 Words
    • 11 Pages

    The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case which was argued before the United States District Court for the Northern District of Indiana, case number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern.…

    • 2600 Words
    • 11 Pages
    Better Essays
  • Good Essays

    The plaintiff being the state represented by the District Attorney was right in their determination to hold somebody liable for these actions. Had there not been an…

    • 3050 Words
    • 13 Pages
    Good Essays
  • Satisfactory Essays

    Err Booklet

    • 655 Words
    • 3 Pages

    Employment law exists to safeguard the interests of both employers and employees. We understand that this particular area of law is continually developing and it is of critical importance to keep abreast of evolving legislation.…

    • 655 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Pleadings/Complaint

    • 272 Words
    • 2 Pages

    Comes the Plaintiff Dale M. Roehnig, a minor, resident of Davidson County, Nashville, Tennessee, sues the Defendant Herman A. Schulman, a resident of Davidson County, Nashville, Tennessee, in a cause of action for damages in the sum of Twenty Five Thousand Dollars ($25,000) and for cause of action would show:…

    • 272 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    * The alleged incident took place after a substantial amount of alcohol had been consumed, putting my client in a different state of mind.…

    • 1365 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Defamation notes

    • 1131 Words
    • 4 Pages

    Defendant need not ascertained beforehand the likely effect of his words as long as his actions were done voluntarily. What is relevant is that the words were understood by others in a defamatory sense.…

    • 1131 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    mensalao scandal

    • 457 Words
    • 2 Pages

    In August, after the hearing started, pollsters found that though four-fifths believed the accusations, only a tenth thought any of those on trial would end up in jail. Judging by their insouciance, the defendants thought the same.…

    • 457 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    3. That as a direct and proximate result of the negligence of the Defendant, the Plaintiff was injured.…

    • 256 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Rights of Juveniles

    • 1280 Words
    • 6 Pages

    B) In re Winship - This was the case of a 12 year old boy named Samuel Winship, who was believed to have entered a locker and stole $112. Even though there was not enough evidence beyond a reasonable doubt, Winship was believed to be guilty and sent to a training school for 18 months with the…

    • 1280 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Courtroom Oberservation

    • 612 Words
    • 3 Pages

    Based on the courtroom observations there appeared to be insuff evience to grant the defendant a summary judgment. The facts of…

    • 612 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Insanity Defense

    • 1206 Words
    • 5 Pages

    Does your team feel this defendant is competent to stand trial? Why or why not?…

    • 1206 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Dillon V. Champion Jogbra

    • 995 Words
    • 3 Pages

    1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the summary of promissory estoppels is incorrect. Champion pointed out that the policies and procedures contained in the manual are for guideline purposes only, not contractual. The policies and procedures are not any part of a contract or a commitment to employees. The courts decided the disclaimer in the handbook could create an implied contract to the employees, even though the disclaimer statements states otherwise. The disciplinary system as outline in the employee handbook was inconsistent with the at-will language relationship, disclaimer statement and the companies progressive discipline policies. Handbooks when originally devised the method to counter labor union efforts, they have “become much more legally binding” as courts have found parts to be, in effect, promises or contracts. As stated by, Allen Weitzman, with Proskauer Rose Law Firm in Florida, “That’s why every word counts,” (SHRM). When issuing employee handbooks employers should ensure every word that is in the handbook count and they are not conflicting in nature.…

    • 995 Words
    • 3 Pages
    Better Essays

Related Topics