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Business ATTACHMENT PREVIEW Download attachmentWeek 5 Case Study – Please comment, one page each, on the following two fact paTerns.Jane worked at the local country club pool as a lifeguard, not a swim teacher, for the summer of 2013.Jane was a public school physical educaTon teacher.±he country club did not do a background check orconFrm any references when they hired her.±hey relied on the “say-so” or Jane’s brother, a member ofthe country club board of directors.±he country club only did a cursory internet search of the state’sDepartment of EducaTon website to verify that she had a valid teaching cerTFcate.When one of theswim instructors unexpectedly quite one day, she took over the class.IniTally, the class went well.Eventually, Jane also took over coaching the club’s compeTTve swim team.When she became theswimming coach, Jane e²ecTvely stopped “teaching” the swim classes.Instead, she had all theswimmers in the classes do races and train for compeTTve meets during the 30 minute lessons.Janehad done this many Tmes during the summer.Her boss, the country club director, knew this and, as theswim team was winning, ignored complaints from parents and students.Jane raced with the swimmersand pushed the winners out of the way when they tried to touch the side of the pool so that Jane’s teamwould win each Tme.±his was not the Frst Tme that Jane had injured swimmers.Last year, she wasarrested for physically abusing a child she coached at her school.Although the criminal charges weredropped, Jane is on administraTve leave from her public school job unTl an administraTve hearing withthe state Department of EducaTon can be held in the fall.±he incident was reported in several localpapers, and her administraTve suspension is listed on the state’s database.Several of the children, ages 6-8 reported to their parents that they had been physically assaulted byJane while in swim class for not “working hard enough!”±he children had bruises on their shoulders. InaddiTon, Jane began “approaching” an 18 year old college student who worked as a lifeguard andassisted Jane with the coaching.Over Tme, Jane’s “advances” toward the young man became veryaggressive.Jane conTnued even though the young man asked him to stop.In fact, a³er the young mantold Jane to stop as he felt harassed, Jane hired another lifeguard to assist him with the coaching.±hecountry club director was aware of this situaTon, but as the swim team was winning, he took theposiTon that it was an interpersonal issue that the two should workout among themselves.Several parents brought suit against the local country club, Jane and the country club director.±heyoung life guard has also brought suit.±he local country club pool alleges that they are not liable.Discuss the liability issues, agency issues, and all defenses available to the local country club pool.

View the AnswerJohn, Lionel and Evelyn Harrymore, siblings and actors, decide to reTre afer years on the road.±heyremember a town in Illinois they were Familiar with From their travels.²rom the internet, they learn oF aFarm a Few miles outside oF town that seems ideal.±here is a great house, and lots oF land.±heHarrymores wish to convert the Farm to a restaurant-hotel with a dinner theater.±hey contact therealtor by phone, and make arrangements to buy the parcel.±he Harrymores plan on traveling to Illinoisprior to the closing to look things over, but are unable to do so due to their touring schedule.±herealtor, whose commission is technically paid by the proceeds to the seller, and who has a lisTng contractwith the seller, advises the Harrymores that she will handle everything.Illinois custom, law and pracTcedoes not require a purchaser oF land to have an a³orney.±he realtor does only the bare minimumneeded For Ttle to transFer to the Harrymores.On their behalF, she only has a minimal Ttle search andminimal inspecTonsdone, and she obtains a minimal coverage Ttle insurance policy.As the area nearthe Farm was once occupied by a large chemical plant, when the realtor represents local purchasers, as aprecauTon, she advises the buyers to get the maximum possible Ttle search and Ttle insurance, and toget all possible inspecTons done.It is her regular pracTce to cauTon local purchasers that sherepresents about the Former chemical plant.Afer closing on the property, the Harrymores learn oF the old chemical plant.±hey seek your advice asto their liability and the liability oF any other parTes.

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