Cases

Question 1

Clover v Snowbird Ski Resort

Answer 1

Facts:
Ski accident.
Employee was told to inspect a kitchen.
Employee then took 4 ski runs on the mountain.
On last run, he took a jump and hit the Plaintiff.
Holding: Yes P/A relationship b/c “Jury could reasonaly believe that employee had resumed his employment by returning to the base of the mountain.
Taking 4 ski runs doesn’t consittute a complete abandonment of employment.”

Question 2

A. Gay Jensen Farms Co. v Cargill, Inc

Answer 2

Facts:
“Cargill (D) loaned money to company, sent employee to oversee managent, right to audit books and financial statements, and gained first right of refusal for seeds b/c of investment.
Farmers want to hold D responsible as principal when company goes out of business.”
Holding:
Yes P/A relationship b/c More than just loaning money.
D had control by limiting how money was to be used. and supervising employee.
overtaking a company makes D the principal after the takeover.

Question 3

Gorton v Doty

Answer 3

Facts: Teacher volunteered her car to football coach who crashed.
Teacher made condition precedent that only the coach could drive.
Coach crashes and dies; player is injured.
Player sues Teacher directly saying the teacher was a principal and the coach was an agent.
Holding:
Yes, P/A Relationship b/c Teacher exercised Control by creating the condition precedant.
language didn’t say Loaning or borrowing.
Language promoted P/A relationship.

Question 4

Mill St. Church of Christ v. Hogan

Answer 4

“P (hogan) fell while painting the inside of a church building.
Church hired member who hired P, but church didn’t know that P was hired.
The church has insurance. The church pays P for his time before the accident.”
Holding:
Yes, P/A Relationship b/c “Express (paint the church) and apparent authority (hire a helper) allowed employee to hire brother.
injured was paid for his time like an employee. “