In 1993, Victoria Lisa Alberty-Velez (Alberty) began to cohost a new television show, Desde Mi Pueblo, on WIPR, a television station in Puerto Rico. The show profiled Puerto Rican cities and towns. Instead of signing a single contract, Alberty signed a new contract for each episode. Each contract obligated her to work a certain number of days. She was not obligated to do other work for WIPR, and WIPR was not obligated to contract with her for other work.
To meet this test, a large range of facts had to be present. If the facts all fell into place in a particular way, the plaintiff would prevail.
1. Identify specific facts from Case 16-1 that might permit the plaintiff to prevail.
Clue: Go to the location in the decision where the court goes step-by-step through the test, and pick out a few instances in which one part of the test was met because of a particular set of circumstances.
2. What “facts,” had they existed, would have allowed the plaintiff to win this case?
Clue: Read the court’s statement of the necessary conditions for establishing agency. Then imagine some “facts” that would satisfy those conditions.