Question: Using the IRAC method, please construct a case brief on the following case: Sharon Ellison entered a Burger King and waited to order. After some
Using the IRAC method, please construct a case brief on the following case:
Sharon Ellison entered a Burger King and waited to order. After some time passed, Ellison said, Hi, is anybody going to welcome me to Burger King? Somebody going to please take my order? An employee explained the staff was busy with other orders and offered to take her order. The manager then walked out from behind the counter and asked, Why is it every time you come into the restaurant, you have to make a noise? The manager put her hands around my neck in a semi-head lock position and start[ed] shaking like three times or whatever. Then [the manager] turned loose and said, Are you all right now? Ellison filed a complaint against BKC (the franchisor), SRH (the franchisee and restaurant operator), and the manager. The manager was an employee of SRH (franchisee) not BKC. SRH owned and operated the restaurant in accordance with a franchise agreement with BKC. The franchise agreement specified that SRH was an independent contractor and that BKC was not an employer of SRH. SRH had the sole authority over employee hiring, working hours, benefits, wages, and employment policies. Should Ellison recover against BKC?
Note: Do not use any other facts, than what is provided above
Hint for the Rule: Discuss principal and agent relationship and employee vs independent contractor.
ISSUE(Identify and state the legal issue presented by the fact scenario. (1-2 sentences) This must be a question):
RULE(State/define the legal principle that applies to the issue. No case facts should be included in this section):
APPLICATION(Discuss how the legal principle relates to the fact scenario. Tie the facts of the case back to the rule above.):
CONCLUSION(State your given conclusion based on your analysis. (1-2 sentences):
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