Frank Frausto delivered newspapers under a renew-able six- month contract called a “Delivery Agent Agreement.” The agreement identified Frausto as an independent contractor. The company collected payment from customers and took complaints about delivery. Frausto was given the route for his paper delivery and was required to deliver the paper within a certain time period each day. Frausto delivered the papers using his own vehicle and had to provide proof of insurance to the company. The company provided health and disability insurance but did not withhold taxes from Frausto’s weekly income. One morning, Frausto was delivering papers and collided with Santiago on his motor-cycle. Santiago filed a negligence action against Frausto and the newspaper company. The newspaper company argued that it should not be liable because Frausto was an independent contractor. What was the result? Why?
Answer to relevant QuestionsWilliam Moore owned Moore Enterprises, a whole-sale tire business. William’s son, Jonathan, worked as a Moore Enterprises employee while he was in high school. Later, Jonathan started his own business, called Morecedes ...1. What conduct was at the center of the dispute in this case? 2. Who did the plaintiff allege was liable for this conduct? Which of these parties was the principal and which was the agent? 3. What factors did the court ...1. What standard was at the core of the dispute in this case? 2. To whom was this standard owed, according to the United Health Workers (the defendants)? 3. Under this standard, what could the defendants do and what could ...THE ETHICAL DIMENSIONCould Morales-Cruz’s dean have had legitimate reasons for changing his mind about the one-year extension? If so, what might they have been? THE LEGAL ENVIRONMENT DIMENSIONWhat steps should employers ...This litigation involves a dispute between Shell Oil Company (Shell), a petroleum franchisor, and several Shell franchisees in Massachusetts. Pursuant to their franchise agreements with Shell, each franchisee was required to ...
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