Each question is hypothetical and needs to be in the IRAC method. There is no other data or graphic link and is not an "incomplete question"

1. Alex was the senior crew person on a ship (the "Ship") operated by the Pacific Boat Shipping Co. ("Pacific"). The Ship experienced an emergency one evening. High winds and strong waves caused one of the Ship's cargo containers to come loose. The container needed to be re-secured before it caused significant damage to the Ship. Alex needed assistance from the crew to secure the container. Alex went to Tom's bunk to wake him up and have him help with the work. Tom refused to get out of bed, at which point Alex punched Tom in the head repeatedly and shouted, "Get up, you piece of garbage!" Alex packed quite a punch. His blows caused Tom a broken jaw and a serious concussion.

Tom sued Pacific for personal injuries he suffered from Alex's repeated punches.

A. Evaluate the strength of Tom's case against Pacific.

[Hint: agency, principal's liabilities to third parties for agent's actions]

2.After suffering pain in his chest and left arm while lifting weights, Jack Gilbert visited the emergency room of Sycamore Municipal Hospital. Dr. Frank, the emergency room doctor, ran several tests and informed Gilbert there was no evidence of heart disease. Gilbert was prescribed pain medication and discharged that day. He died later that evening. An autopsy revealed signs of heart disease. The hospital contended it was not liable for the doctor's alleged malpractice because he was not the hospital's agent or employee.

A. Assuming that the emergency room staff were independent contractors, is the hospital liable for Dr. Frank's malpractice? Why or why not? Explain.

[Hint: agency; independent contractors]