USA: +1(669)289-8683 
Sign in
This problem centers around the law of agency which we do not study as a class until Lesson 14, the week your final paper will be due. For this project, you will draft an appellate brief to the State of Florida appellate court. In this brief, you will present the issue(s) to be resolved in this fact pattern. You will conduct legal research utilizing the tools provided in the Lesson 05 video (
How To Do Free Internet Legal Research
). You will read and apply the law that you find into a discussion/argument answering the issues raised in the fact pattern.
While you are welcome to proceed at your own pace, certain benchmarks have been provided throughout the course of the semester to keep you on track to providing a fully written and edit final paper in a timely fashion. As such, your first step after re-reading the fact pattern is to review your fellow students’ Lesson 05 discussion posts to formulate the issue(s) to discuss in your paper.
STEP 1: Run a Google search to find the Wikipedia (or any other secondary source) definition of an employee and independent contractor – Lesson 06
STEP 2: Run a Google search to find the Wikipedia (or any other secondary source) definition of the term vicarious liability. Next, determine what it means for an agent “to act within the scope of their employment” – Lesson 08
STEP 3: Conduct your legal research. Find several supporting cases, statutes or administrative regulations that may help support your client’s position.
STEP 4: Draft outline to your arguments, cover page, issue(s) to be presented on appeal and statement of facts. View the following attachment for an example of
sample brief
sample brief – Alternative Formats
. Remember, however, that your Court is sitting in Florida. – Lesson 11
Chemco is a large Florida incorporated multi-national company engaged in the
production, storage and distribution of dangerous chemicals used to manufacture
fertilizers. It occupies a factory site in West Palm Beach, FL. The company has won
many awards for the care it takes in training staff to handle such chemicals. Anxious not
to lose valuable expertise, it offers retired ex-employees the opportunity to return on a
part-time basis to help with training new staff.
The ex-employees are allowed to retain their protective clothing for a small fee and their
names are kept by the company on a register of those willing to help. In December
1999, Chemco was faced with a severe shortage of workers due to holidays and a flu
epidemic. Concerned about the safety implications of being short staffed and reluctant
to close the plant and lay off workers just before Christmas, the company took the
following steps:
Letters were sent to all retired staff living within 50 miles of the factory asking them to
work part-time over the Christmas holiday period. The staff were to sign a fixed-term
agreement under which they are designated “part-time labor only contractors” and are
paid a lump sum based on hours worked plus a $500 Christmas bonus. They were
under no compulsion to work any set hours but would be called in as and when
required. 10 ex-employees, including Jones and Stevens agreed to resume work on
these terms.
The following events occur when the new staff begin work:
Williams, Chemco’s on site manager, after checking the work records of all the new
workers requires Jones and Stevens to form a work details and fill a vat with the
nitrogen compounds, which form the basis of fertilizers. Williams tells the workers to use
the small loading crane rather than the large crane because although the job will take
longer, the small crane is more maneuverable in the small space and there is less
likelihood of accidents. After Williams departs, Jones who has 20 years of experience
working for Chemco insists on using the large crane. In the process of loading the vat, the
crane, due to the negligence of the crane driver and the other worker who was directing
its operation, hits the side of the vat causing a spark that ignites the mixture. The
workers were unscathed but an office worker, Matthews, was seriously injured by flying
debris. Matthews took action against Chemco.
