H ADM 3387 - Lecture Notes - 10-7-09

H ADM 3387 - Lecture Notes - 10-7-09 - H ADM 3387 Business...

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H ADM 3387 – Business and Hospitality Law Fall 2009 Lecture #10: 10-7-09 Bushy and Sons vs. USA o Drunken sailor – comes back to dry dock drunk and floods the dock, damages ensues. o o Law and economics argument – lawyers decide who’s in the best position to pay. Court rejects this – instead they say if it’s arising out of course of employment then you’re liable, BUT if not, then you have to determine if it’s FORESEEABLE If you dock your boat and let your sailors go, they’ll get drunk then come back wasted at curfew, its foreseeable that something stupid is going to happen SO you need to exercise Reasonable Care Benefit for Employer = liable o Bids due at 5pm, prof drops off bid and prevents other guy from getting his bid in on time – he benefits his employer by not letting the guy go ‘Detour and Frolic’ = not liable o Prof drives off to Palms to check out game instead of going straight to school and hits someone Otis o Facts: Mathison has history of drinking on the job. Day of accident seen drinking, supervisor says go home, says he can drives, crashes the
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This note was uploaded on 02/02/2012 for the course HADM 3387 at Cornell University (Engineering School).

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H ADM 3387 - Lecture Notes - 10-7-09 - H ADM 3387 Business...

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