Legal Liability and the Gig Economy

Assignment Guide and Expectations

This is NOT a research paper on what has been happening with Uber. Remember to answer the specific questions of the assignment. Write a 3 page Interoffice Memo – see how to format below. No cover page is required:

1. Summarize the main principles of agency law as they relate to Uber's relationship with its drivers. (30%)

Keep in mind when answering this question…

· Be sure your answer demonstrates an understanding of agency law.

· Examine the Principal-Agent relationships

· Discuss the duties and responsibilities of a Principal and an Agent. Be sure to define these terms.

· Are Uber drivers Agents? If yes, why? If no, why not?

· Review the law regarding liability for agents as employees AND as independent contractors. Remember, Uber can claim their drivers are IC but, that does not mean a court of law would agree.

2. Analyze the circumstances under which Uber might be liable for the conduct of a driver who, while intoxicated, caused an accident involving personal property damage and bodily injury. (30%)

Keep in mind when answering this question…

· Explain the law when it comes to liability of a Principal for an Agent’s tort. Remember, there are different types of torts.

· Clearly state whether Uber should be held liable for the drunk driver. If yes, why? If no, why not?

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· Explain the civil remedies the injured passenger could seek in court.

3. Identify the steps Uber should take to limit its legal exposure for the conduct of its drivers. (30 %)

· This is your recommendation section, and it would be beneficial to research what the company ALREADY DOES to limit liability. What is their process and procedure?

· Then, identify step Uber can take to limit its legal exposure.

· Think about the Principal-Agent relationship, the Employer-Employee relationship, and the Independent Contactor relationship. Which relationship would limit Uber’s exposure and why?

4. Use at least three (3) quality resources in this assignment. Papers submitted without citations and sources are not accepted. (5%)

· Quality resources are course textbook, published books, academic journal articles, case law and expert reports. Be sure to include a Source Page and follow SWS. Wikipedia is not a valid source for this paper.

 5. Clarity, writing mechanics, and formatting requirements (5%)

Suggestions:

· Remember to identify the law and demonstrate an understanding of the law and concepts. Meaning explain, explain, explain and then…answer the question.

· Provide answers EQUALLY. For example, do not write 2 pages for question 1, and 2 sentences for questions 2 and 3. The questions are worth equal number of points so be sure to provide a thorough answer for each.

· Your answers must be informed and based on research – not your opinion only on the issues. Why? We are looking for your understanding of the concepts and law and ability to think about the application of the law.

· DO NOT WRITE THE QUESTIONS OF THE ASSIGNMENT IN THIS PAPER.

· Do not write an announcement in your paper, for example, “In this paper I will discuss the law on agency.”

· This is NOT a research paper on UBER the company. This assignment is testing you on your knowledge of Agency Law and Scope of employment and liability for negligence versus intentional torts of employees. 

· Remember: Your answers for all work in this class must be based on your understanding of the law, not on your feeling, opinions, or personal experiences.

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