Nashville Pro Hockey, LLC,was a limited liability company organized under the laws of Tennessee. The LLC owned and operated the Nashville Nighthawks, a minor-league professional hockey team. On September 4, 1996, Nashville Pro Hockey, LLC, contracted with Creative Resource Management, Inc. (CRM), the plaintiff, whereby CRM, for fees and other consideration, would provide employee leasing services to Nashville Pro Hockey, LLC. The contract was signed by Barry Soskin, the president of Nashville Pro Hockey, LLC. A paragraph in the contract provided: "By affixing my hand and seal to this agreement, I personally guarantee any and all payments payable as represented and outlined in this agreement."
These opposing sides often disagree about what should be the outcome of a case, even when they agree about most of the facts. In Case 18-3, Soskin and CRM viewed the same set of facts; they agreed that there was a contract, signed by Barry Soskin, and the clause in dispute stated "I personally guarantee." Soskin and CRM, however, vehemently disagreed about who should be liable-the individual or the LLC. The next two questions ask you to view the facts of Case 18-3 while trying on a couple of different ethical lenses.
1. Make a list of the facts in Case 18-3.
Clue: Reread the introductory section. Be sure to consider the relevant rules of law in this case.
2. Assume that you are defendant Soskin in Case 18-3.What ethical norm would be most important to you when viewing the facts of the case as you make your argument? To enhance your understanding of the ways in which ethical norms influence your perception of given facts, now pretend that you are a business manager for CRM. With which primary ethical norm are you most likely to view this case?
Clue: Focus on the way in which each party would interpret the defendant's capacity in signing the agreement.