What is strict liability and the public policy behind it?

Question 1-     

 If you are an attorney representing a mixed race candidate to be Chief  Human Resource Manager for a Coffee Manufacturer, who was fully qualified for the position but has been turned down for it, and an apparently less qualified  white male has been hired for the position, what elements would you have to prove for a case of Disparate Treatment under the Civil Rights Act of 1964, and what defenses should you anticipate from the Coffee Company?

 

What about if you are representing a woman  Emergency Medical Transport candidate who has been turned down for that position  because she could not lift the required 100 pounds to be eligible, could you support a Disparate Impact case on her behalf, what would you have to prove, and what reasonable accommodations would you argue for?

 

What is a BFOQ under the Civil Rights Act, give an example, and for what Protected Class does it not apply to?

 

Question 2-  

Your best friend has a small grocery store business with another friend where they formed a partnership when they opened last year. Your best friend has now asked you whether she and her partner (who now has a terminal disease) should form a Corporation or not. (Business is great and they may want to expand the size of their Store). What would you advise her in reference to the strengths and weaknesses of each form and whether they should form a Corporation?   If you keep the Partnership, what specific items/elements should be stated in the Partnership Agreement?

 

Question 3- 

Define what negligence is, and what four elements does the plaintiff, who fell over a slippery banana peel, have to prove against the Defendant Grocery Store to succeed in a claim of negligence against that Defendant? Does  it matter if the banana peel has only been on the floor for five minutes as opposed to four hours, and why? What are the defenses of assumption of the risk, comparative negligence, and contributory negligence, and give an example of each?

 

Question 4-

What is strict liability and the public policy behind it? Who is in the Chain of Distribution here and how are they liable? Does the injured plaintiff have the burden of proof in Strict Liability Claims, and why or why not? What are abnormally dangerous activities, and what are the standards for proving liability for a business regarding such activities?

 

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