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Cora and Caley, CARDWARE’s co-office managers have determined that CARDWARE Inc. is growing so rapidly that they need to hire a part-time advertising manager to market CARDWARE’s latest business, “Designer Car Seat Covers.” Camille has recommended Nicole Marriott to fill the position. Nicole has freelanced with several big agencies and brings with her a wealth of knowledge, integrated advertising software, and a host of media contacts to further the interests of CARDWARE. CARDWARE provides Nicole with an office and use of its telephones and equipment, such as copy machine, fax machine, and computer, although Nicole may use her own computer if she wishes. While visiting with Z-1, a leading car manufacturer, in an attempt to secure its business, Nicole recognized a former colleague Raquel Dean whom she knew to be sly with business tactics in stealing ideas. Raquel walked by Nicole and accidentally bumped into her causing Nicole to drop a pile of papers with diagrams and profit graphs from Designer Car Seat Covers. Nicole, thinking that Raquel was trying to take her ideas, doubled up her fist and punched Raquel in the face knocking out her two front teeth and bruising her left eye. Raquel filed suit against CARDWARE based on battery. Determine the following: Whether or not Nicole is an independent contractor. Discuss whether or not CARDWARE Inc. would be liable for Nicole’s torts/criminal acts if she is considered to be an independent contractor. Be sure to note the difference in outcome if she is determined to be an employee.

CARDWARE Case Analysis

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CARDWARE Case Analysis

The owners of an enterprise often work with two types of people; independent contractors and employees, with the hope that their businesses may thrive. However, sometimes an independent contractor or firm employee may be sued in the course of his/her duties, forcing the courts to examine their position to determine whether they are independent contractors or employees. According to (Haupt, 2006) an independent contractor is somebody hired to do a certain job while using his or her own judgment to decide how they job can be completed. However, an employee is hired to perform whenever tasks the employer wants and is given instructions how to perform such tasks. In view of these definitions from the common law, Nicole is an independent contractor. It is clear that CARDWARE does not have control over Nicole’s work schedule. Though she was given office space and equipment, she decides on what to do and does so without clear instructions from her employer. Since Nicole is an independent contractor, CARDWARE is not liable for her criminal acts. First, Nicole punched Raquel in a different location other than CARDWARE’s premises, which exonerates the company from any liability. Secondly, given that the company does not control Nicole’s actions owing to freedom she was given even to use her own computer and to determine her work schedule, she is an independent contractor and CARDWARE is not liable for her actions. However, in the event the court finds Nicole as an employee of CARDWARE, then the company is liable for her actions since the court can argue…………………………………………………………………………………………………………………………………………………………………………………………………..CLICK HERE TO ORDER THIS PAPER………………………NO PLAGIARISMGet 100% Original papers from the writing experts

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The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son’s glove company. Cora and Caley, Camille’s two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia. Camille has developed a good network among those in the fashion industry, especially the seamstresses who have been hired by well-known celebrities. One day, Camille spoke with Sonya, the owner and Lead Seamstress for Shazam Clothing Industries. Shazam is a leading manufacturer of unique limited edition clothes in Silkadonia. Camille presented Sonya with her order to sew a limited number (500) of hot pink and black machine knitted sweaters with a matching knit hat. Each sweater was to have a number and Candie Cardigan’s signature on a label sewn onto the bottom right side of the sweater. The hats would have the same label with matching number to its sweater, but sewn on the right side of the turned up hat cuff. Sonya agreed to make each sweater and hat pair for $100. Camille’s plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonya’s cell phone rang. Sonya pushed a piece of paper and a color palette towards Camille and whispered “write the type of yarn you want used and exact dye lots” and I will begin work on this right away. Camille did as requested, but forgot to give Sonya the traditional 25% down payment. The down payment has always been used to purchase the materials. Sonya completed production of all 500 sweaters in record time and has presented Camille with an invoice for payment for the same. At the bottom of the invoice, the words, “Payment Due Upon Receipt” were written. Camille changed her mind about wanting the sweaters and hats, as she decided that the items would not be as profitable as originally anticipated. Sonya now comes to the law firm you work for, P. Strami, and Hammond, Attorneys at Law, and wants to know if she has any recourse. Attorney Strami hands you the following instructions and asks that you draft a memorandum to him incorporating your research. Dear Paralegal: Please prepare a 2 page double-spaced memorandum in size 12 Times New Roman font discussing the following in the order presented: Please determine whether or not a contract has been formed using the basic contract principles of offer, acceptance, and consideration. State whether or not any of the crucial parts of the initial offer may be missing. Further, please research whether or not Camille and Sonya’s prior course of dealings has an impact on the parties’ communications and whether or not Sonya would be successful against CARDWARE Inc. should a breach of contract lawsuit be brought against her. Be sure to include intext citations as you integrate your research to support your position on whether or not a contract has been formed. Do not forget to provide your legal research within your memorandum. You may use case law to make comparisons, your textbook, and reliable Internet research to provide in-text citations for your work. Do not use Wikipedia.

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Business Law- Memorandum

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Preliminary Research on Sonya’s Case

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To: P. Strami and Hammond

Date: 23 – November – 2017

Subject: Initial findings in Sonya’s fraud case

The perspectives that are outlined in Sonya’s case rest on the establishment of the elements of any contract. The whole case presents a scenario that suggests the presence of some illegal aspects of a business contract. The principles of the common law provide that there must be an offer and acceptance for an offer to exist (Tepper, 2014). According to the case under review, there was indeed an offer and acceptance. Camille presented Sonya with an order to make 500 hot pink and black machine knitted sweaters, to which Sonya accepted. Sonya dully provided the exact number of sweaters according to the specifications made in the offer.

A contract cannot be considered to exist simply because two or more people have an agreement. Although this may not be stated expressly as is in the case of Sonya, it can be inferred from the circumstances under which the agreement was made. In the case of Sonya, we can infer that Camille made an offer, providing all the terms and Sonya accepted willfully. This means Camille and Sonya entered into a binding contract since Sonya and Camille reached an agreement under no duress, while the offer provided all the terms and the acceptance is evident from Sonya in deciding to provide the sweaters under the terms. Sometimes a party to a contract may decide to withdraw……………………………………………………………………………………………………………………………………………………………………………………………………CLICK HERE TO ORDER THIS PAPER………………………NO PLAGIARISMGet 100% Original papers from the writing experts

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