Instructions
Edgars is a large apparel distribution company with a diverse workforce that includes a large corporate division. Known for providing its interns with a wide breadth of experience, helpful mentors, and generous remuneration, it is not surprising that its annual internship-selection process is very competitive.
Faced with a barrage of applications from hopeful prospective interns, Edgars’ HR officer, Samuel Yue, devised a unique strategy that is now part of the initial selection process: All prospective interns are required to sit for test on basic business law principles. Only prospective interns who pass the test will be selected to participate in the second round of interviews.
You are a prospective intern of Edgars and you are sitting for Edgars’ test in business law.
Answer ANY TWO OF the followingtort-related questions by using the IRAC method of legal analysis.
1. Susanwas suspended pending an investigation after she had been caught smelling of alcohol at 10 am at her desk in the office. Frustrated about her situation, she went to Mary, her supervisor, to request a second chance. Mary refused to speak withSusan so a furious Susan stormed into her office, yelling, ‘You don’t want to mess with me, Old Woman. I know where you live and you know who my fiancé is’.
Mary knew that Susan’s fiancé was a member of a notorious gang and she believed that Susan’s fiancé could present imminent danger to her.
Did Susan’s conduct constitute a tort?Explain in detail.(10)
2. It came to management’s attention that Leon, one of its former employees, was spreading rumours about Edgars’ hiring practices, informing the public that Edgars was hiring illegal immigrants to work after hours, and was paying them only $8 per hour.
Management believed these rumours were tarnishing Edgars’ reputation and could lead to unnecessaryCIC investigations.
Could Edgars pursue legal action against Leon on the basis of a tort? Explain in detail.(10)
3. Ajanta, the daughter of one of Edgars’ executives, worked at a supermarket during weekends. One day, shortly before closing-time, her supervisor informed her and other casual workers that stock had been disappearing at an alarming rate. The supervisor suspected that one of the casual employees was pilfering stock, so he gave Ajanta and her fellow co-workers the following instruction: ‘No one will go home before I know who the thief is’.
Ajanta and her co-workers were kept in the store until 11:00 pm before the supervisor allowed them to go home. The executive wants compensation for his daughterbecause se was locked-up in the supermarket against her will.
Does the executive and Ajanta have any recourse against the store supervisor? Explain in detail.(10)
4. Paul was employed as office manager at Edgars’ headquarters for 20 years. He passed away after a long battle with mesothelioma, a form of lung cancer that is caused by the presence of asbestos. Rosy, his spouse, alleged Paul was exposed to asbestos when his office’s walls were torn downa couple of years ago. At the timeEdgars’ HR director refused to allow him to work from home during the renovations.
Paul’s oncologist agrees that four weeks’ exposure to asbestos most likely caused Paul’s lung cancer and eventual death.
Rosy further contended that Edgars failed to conduct proper testing to ascertain if asbestos was present in Paul’s office even though it was found in other parts of the building.
Would Rosybe successful if she choses to pursue legal action against Edgars? Explain in detail