Prepare answers to the following cases from this week’s reading. Each fully developed response should include an intro and conclusion, a thorough statement of the issue being discussed and a thorough analysis of a resolution to the issue.
Case 29.1: Creation of an Agency on pages 498
Case 37.7: Piercing the Corporate Veil on page 636
Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice.
For full credit, you need to use the material from the week’s lectures, text, outside resources and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.
For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus. Each answer should be double spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.
Please provide a separate analysis for each question. However, both analyses need to be included on one Word document to be submitted for grading. (Please do not submit each analysis separately.)
29.1 Creation of an Agency Renaldo, Inc., doing business as Baker Street, owned and operated a nightclub in Georgia. On the evening in question, plaintiff Ginn became “silly drunk” at the nightclub and was asked by several patrons and the manager to leave the premises. The police were called, and Ginn left the premises. When Ginn realized that his jacket was still in the nightclub, he attempted to reenter the premises. He was met at the door by the manager, who refused him admittance. When Ginn persisted, an unidentified patron, without the approval of the manager, pushed Ginn, who lost his balance and fell backward. To break his fall, Ginn put his hand against the door jamb. The unidentified patron slammed the door on Ginn’s hand and held it shut for several minutes. Ginn, who suffered severe injuries to his right hand, sued the nightclub for damages. Is the unidentified patron an agent of the nightclub? Ginn v. Renaldo, Inc., 183 Ga.App. 618, 359 S.E.2d 390, Web 1987 Ga.App. Lexis 2023 (Court of Appeals of Georgia)
37.7 Piercing the Corporate Veil M.R. Watters was the majority shareholder of several closely held corporations, including Wildhorn Ranch, Inc. (Wildhorn). All these businesses were run out of Watters’s home in Rocky Ford, Colorado. Wildhorn operated a resort called the Wildhorn Ranch Resort in Teller County, Colorado. Although Watters claimed that the ranch was owned by the corporation, the deed for the property listed Watters as the owner. Watters paid little attention to corporate formalities, holding corporate meetings at his house, never taking minutes of those meetings, and paying the debts of one corporation with the assets of another. During August 1986, two guests of Wildhorn Ranch Resort drowned while operating a paddleboat at the ranch. The family of the deceased guests sued for damages. Is Watters personally liable? Geringer v. Wildhorn Ranch, Inc., 706 F.Supp. 1442, Web 1988 U.S. Dist. Lexis 15701 (United States District Court for the District of Columbia)
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