BUSINESS LAW, FINAL PROJECT

Imagine that you are the manager of a radio station. A 15-year-old Pop Star who recently visited the station
complained that one of your DJ’s touched her inappropriately during a recent studio visit.
As the artist was leaving the studio, she slipped on a patch of black ice on the sidewalk and broke her wrist. She
was so angry that the sidewalk hadn’t been cleared (especially considering it had not snowed in three days) that
she is now refusing to participate in a concert series hosted by the radio station, despite having verbally agreed
to perform.
The Pop Star’s fans, including one radio station employee, begin to protest your radio building. They stand on
the sidewalk holding signs depicting various curse words around a photo of the DJ.
The radio station fires the DJ. When called for a reference, an HR person says that the DJ had been “fired from
every job he ever had for sexual misconduct.” This statement is not true.
 BUSINESS LAW, FINAL PROJECT

With this power point I intend to try and make sense of what happened to a 15 year old pop star who visited
our radio station and then claimed that one of our DJ’s touched her inappropriately during her studio visit.

As well when this pop star was leaving the studio she slipped on a patch of black ice on the side walk and
broke her wrist.

She is now refusing to a concert series she verbally agreed upon

My intent is to get to the bottom of each incidence, find out what we are liable for if anything, and what if any
charges will be filed against us or any actions we must take.
 BUSINESS LAW, FINAL PROJECT CONTINUED
POP STAR VERSES RADIO STATION

First of all lets look at the facts of the situation:

• Pop Star verbally agreed to participate in a concert series

• Pop Star is only 15
• Pop Star was in the studio with one of our DJ’s
• Pop Star fell on the sidewalk outside the station and broke her wrist
 BUSINESS LAW, FINAL PROJECT CONTINUED

Legal issues pertaining to the situation:

• If our DJ did touch the pop star inappropriately, he should be fired
• If someone calls for a reference for the DJ, what are we legally obliged to tell them
• If the pop star is 15 years old she was not able to agree to anything weather it be verbal, written or any other
form, her age makes her not of legal capacity
• Where exactly did the pop star fall outside, right in front of our studio, down the sidewalk by another building
or road, etc.
• Does the pop star have the legal right to refuse to participate in the concert series
• Can we fire the employee who protested against us
• Is it legal for protesters to use profanity against the DJ in front of our station
• Do the protesters need a permit to protest against us
 BUSINESS LAW, FINAL PROJECT CONTINUED
Questions the CEO of the station wants answered are:

• The pop singer sues the DJ for both assault and battery. The police want to prosecute the DJ. Compare and contrast the separate
crimes and the torts of (1) assault and (2) battery.
• Which claim is the DJ most likely to be found guilty (criminal law) or liable for (civil law)?
• Is the radio station liable for the DJ’s alleged torts under the theory of respondeat superior?
• The Pop Star is threatening to sue the radio station for negligence in clearing the sidewalk. What elements of negligence would she
have to prove?
• Do you believe the radio station liable for negligence?
• Would your answer change if it had just started snowing right before the pop artist left the studio?
• The radio station has called the police to have the protestors removed. What constitutional right to the fans have to protest?
• May the government remove them considering their signs may be seen as “obscene”?
• Can you hold the pop star liable for specific performance of her verbal agreement and force her to perform at the concert series?
• Are there any other damages available to the radio station?
• Does the Pop Star have any defense based on her capacity at the time she agreed to perform?
• May the radio station fire the employee who is protesting against the radio station?
• Would your answer change if there were two or more employees?
• Does the DJ have a claim for defamation?
 BUSINESS LAW, FINAL PROJECT CONTINUED
• The pop singer sues the DJ for both assault and battery. The police want to prosecute the DJ.
Compare and contrast the separate crimes and the torts of (1) assault and (2) battery.

• Simple answer, yes, the DJ can be prosecuted for both

• Detailed answer, first of all a tort is “When you are injured by another person, the harmful
conduct generally falls within a broad legal classification called torts. A tort is a wrongful act that
injures or interferes with another’s person or property”. An assault tort “refers to an attempt
or threat of violence -- not actual violence itself”. The difference between assault and battery is
when “an assault (attempting to injure or threatening to injure) and a battery (actually touching
someone) occur in the same incident.” (Assault, 2019).

• To conclude the fact that the DJ actually touched the young pop star makes his offense a
battery tort.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Which claim is the DJ most likely to be found guilty (criminal law) or liable for
(civil law)?

• Simple answer, it depends, different states have different laws for these
actions

• Detailed answer, generally though when someone is “the crime of sexual abuse
can include any touching of a person’s intimate body parts without their
consent” (Sagar, 2016). With this being said, I also believe though that the DJ
could be charged in both circumstances. Criminal for the act and civil for the
affects it left behind on the pop star, which would be for monetary reasons.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Is the radio station liable for the DJ’s alleged torts under the theory of respondeat superior?

• Simple answer, no

• Detailed answer, three things must have been the case for it to fall under respondeat superior.

1. The injury occurred while the defendant was working for the employer, yes
2. The defendant was acting within the scope of her employment, yes to working, no to the
actions
3. The defendant was performing an act in furtherance of the employer’s interest, no

• The only one that applies in this case was that the DJ was working for the station, the DJ was
not acting within the scope of the employment, and the DJ was not performing an act in
furtherance of the stations interest (Respondeat, 2016)
 BUSINESS LAW, FINAL PROJECT CONTINUED
• The Pop Star is threatening to sue the radio station for negligence in clearing the sidewalk. What elements of negligence
would she have to prove?

• Simple answer, yes, she is able to

• Detailed answer, in order for the pop star to sue the station for negligence there must be four elements involved and
they are;

“Duty:
A duty is simply a legal obligation. In order to be sued for Negligence, the Defendant must have owed a duty to the Plaintiff. (Keep
the sidewalk cleared.)
Breach:
A breach is a violation of a law or duty. The Defendant must breach his duty in order to be liable for negligence. (Didn’t keep the
sidewalk cleared.)
Cause:
The breach of duty must have caused harm to the Plaintiff. (Pop Star fell on black ice outside of station.)
Harm:
The Plaintiff must suffer harm in order to sue for negligence.” (Pop Star broke wrist. Introduction, 2019)
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Do you believe the radio station liable for negligence?

• Simple answer, yes

• Detailed answer, I believe according to the four elements that must be proven for negligence, are there,
and we could be sued for negligence.

• Duty, we had a duty to keep the area in front of our building clear of ice and snow

• Breach, we did not keep that area clean of ice and snow

• Cause, being we did not keep that area clean of ice and snow, pop star fell

• Harm, because of the fall, and the fact we had not cleaned the area of ice and snow, the pop star broke
her wrist
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Would your answer change if it had just started snowing right before the pop artist left the
studio?

• Simple answer, depends

• Detailed answer, this is a fine line because just because it just started snowing when the pop
star went outside the building does not mean that the area had been kept clean. If she fell on
black ice, and it had just started snowing when she walked out the door, it would seem to me
that the ice was there long before it started snowing, as ice does not form the second it
touches the ground, especially black ice and if she had taken photos to show this. With that
idea in mind, I would say that the station is still liable.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• The radio station has called the police to have the protestors removed. What constitutional right
do the fans have to protest?

• Simple answer, according the first amendment they have the right to freedom of speech

• Detailed answer, although the fans have the right to protest under the first amendment, “this
right doesn't extend to libel, slander, obscenity, "true threats," or speech that incites imminent
violence or law-breaking.” (Know, 2018.)

• Constitutionally the fans have the right to protest against the station, but they can not shout,
carry signs or behave with swearing and/or violence. The fact that the fans are carrying signs
with obscenity written on them is illegal and they may legally be removed.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• May the government remove them considering their signs may be seen as “obscene”?

• Simple answer, yes

• Detailed answer, obscenity rather it be written, spoken or displayed are illegal and could be reason for
the fans to be removed from the premises.

https://www.google.com/url?sa=i&source=images&cd=&ved=2ahUKEwi88bWBqO7hAhULTd8KHbP9AlsQjRx6BAgBEAU&url=https%3A%2F%2Fwww.teepublic.com%2Fposters-and-
art%2Fobscene&psig=AOvVaw1SbJ8B0HkBiZZmn6VYeOm7&ust=1556387097421041
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Can you hold the pop star liable for specific performance of her verbal agreement and force her to perform
at the concert series?

• Simple answer, no

• Detailed answer, this again has a few factors involved. If the 15 year old pop star made this verbal
agreement by her/himself without a parent or manager with authority with them then it is not a valid
contract because a minor child (under 18), “If your minor child has signed a contract for a non-essential
item without your approval, the contract is not valid.” (Is a, 2019.)

• With that said the 15 year old pop star is not liable if she breaches the agreement to perform in the
concert series because she is a minor and is unable to legally go into a contract regardless of if it is verbal,
written or any other form of agreement without the consent of a parent and/or manager.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Are there any other damages available to the radio station?

• Simple answer, no

• Detailed answer, unfortunately I do not believe the radio station has any claims of damages at all, but
they certainly have many coming up against them.

• They have no case against the pop star because she was a minor at the time so she did not legally go into
a contract with the radio station.

• The only way that they might be able to collect damages is if they contracted someone to have the
sidewalk removed of snow and ice regularly and they did not live up to their contract, but there has been
no mention of such a contract.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Does the Pop Star have any defense based on her capacity at the time she agreed to perform?

• Simple answer, yes

• Detailed answer, as stated in a previous slide, she was only 15 years old, meaning she is a minor, minors
can not enter into a contract in any way shape or form without the consent and witness of a parent
and/or authorized manager.

https://slideplayer.com/slide/1570989/
 BUSINESS LAW, FINAL PROJECT CONTINUED

• May the radio station fire the employee who is protesting against the radio station?
• Simple answer, yes
• Detailed answer, this one is a touchy one. The United States is a hire/fire at will country, this means you can be fired
for any reason, or no reason at all. But there are some laws that protect you against this. An employer can not fire
the employee (according to title VII of the civil rights act.) because of their race, religion, sex, age, disability, national
origin or genetic information. The employee has the right under the freedom of speech act to protest even against
it’s employer, where the fine line comes in is was the employee one of the protesters who was carrying a sign with
some profanity written on it, which is illegal and would give the employer a reason to fire the person. Even if it wasn’t
on work time, it was illegal.
• But there is also the law of defamation, which states “State laws often define defamation in specific ways. Libel is a
written defamation; slander is a spoken defamation.” (Online, 2014.)
• As well, an employee can not engage in inappropriate behavior that reflects badly on the employer (Ham, 2013).
• “Employers are governed by several laws in regards to termination. Thanks to Title VII of the Civil Rights Act, most
employers are prohibited from terminating someone because of their race, gender, national origin, disability, religion,
genetic information or age (if the employee is 40 or more years old).” (Bey, 2017.)
 BUSINESS LAW, FINAL PROJECT CONTINUED

• Would your answer change if there were two or more employees?

• Simple answer, no
• Detailed answer, I believe though that you can’t have it both ways. If one employee gets fired for
protesting with obscene wording on a poster and there are more employees who are doing the same
thing, they should all be fired. If say the manager likes one of them and doesn’t want to fire him/her they
still must fire him/her as well, or not fire any of them.
• Now if this was a protest against not having a union that would be a different scenario, as long as there
were no obscenities being shouted and/or in writing on posters.
• Where the problem comes in is in the use of swearing in any way, shape or form.
 BUSINESS LAW, FINAL PROJECT CONTINUED
• Does the DJ have a claim for defamation?

• Simple answer, yes

• Detailed answer, unfortunately the DJ can file a claim against the radio station, not because of his
getting fired but because of the way the HR person responded to the reference calls and lying to them
about the DJ being fired from every job he had ever worked, for sexual misconduct.

https://www.slideshare.net/33534894/law-of-defamation-15972472
 BUSINESS LAW, FINAL PROJECT CONTINUED
Claims against the DJ
 Assault and Battery Torts
Can the DJ be charged?
 Yes for both torts
Claims against the
Pop Star
 Breach of contract
Can the Pop Star be
charged?
 No she was a minor at the
time
Claims against the
Radio Station
 Theory of Respondeat Superior
 Negligence
 Freedom of speech
 Defamation of character
Can the Radio Station be
charged?
 No to the Theory of Respondeat
Superior
 Yes to Negligence
 No for freedom of speech
 Yes to the defamation of
character
 BUSINESS LAW FINALIZED
To sum up the situation at the radio station;

• Pop Star claimed she was touched inappropriately by the DJ, which is punishable both in a criminal court as well
as a civil court.
• Pop Star states she fell outside the radio station on black ice and broke her wrist, filling negligence against the
radio station.
• Pop Star refuses to fulfill her verbal contract to perform concerts for the radio station, no real contract was formed
she’s 15 and a minor.
• Employee was fired for protesting the radio station because of the concerts being cancelled and why, employee
fired for defamation against the radio station with the obscene posters he was displaying.
• DJ fired for the inappropriate touching of the Pop Star.
• DJ claims defamation of his character when the HR department told one of his references for a new job that he had
been fired from every job he ever had because of sexual harassment.

I advised the CEO of the station that the Radio station will be charged with many offenses due to the situations listed
above.
 WORKS CITED
Assault Torts and Injury Law. (2019). Retrieved April 25, 2019, from https://injury.findlaw.com/torts-and-personal-
injuries/assault-basics.html

Assault, Battery and Intentional Torts. (2019). Retrieved April 25, 2019, from https://injury.findlaw.com/torts-and-
personal-injuries/assault-battery-intentional-torts.html

Bey, A. (2017, August 14). Does Your Right to Free Speech Extend to the Workplace? Retrieved April 25, 2019,
from https://www.mediabistro.com/be-inspired/right-free-speech-workplace/

Goldberg, H. (2017, January 19). 21 Things To Know About Your Right To Protest And How To Do It Safely.
Retrieved April 25, 2019, from https://www.self.com/story/your-right-to-protest-and-how-to-do-it-safely

Ham, G. (2013, November 13). Agent Liability To Third Party | Agency Law | Garrett Ham. Retrieved April 22, 2019,
from https://www.garrettham.com/agent-liability-to-third-party/

Introduction to Negligence. (2019). Retrieved April 26, 2019, from

https://lawshelf.com/courseware/entry/introduction-to-negligence
 WORKS CITED, CONTINUED
Is a Contract Signed by a Minor Valid? (2019). Retrieved April 26, 2019, from
https://law.freeadvice.com/general_practice/contract_law/contract_valid.htm
Know Your Rights: Free Speech, Protests & Demonstrations. (2018, June 12). Retrieved April 25, 2019, from
https://www.aclunc.org/our-work/know-your-rights/free-speech-protests-demonstrations
Online Defamation Law. (2014, December 22). Retrieved April 26, 2019, from
https://www.eff.org/issues/bloggers/legal/liability/defamation
Respondeat Superior | Legal Terms. (2016, September 4). Retrieved April 22, 2019, from
https://www.warriorsforjustice.com/legal-terms/respondeat-superior/
Shah, S., Esq. (2016, February 4). When Does Sexual Harassment at Work Become a Crime? Retrieved April 25,
2019, from https://www.eandblaw.com/employment-discrimination-blog/2016/02/04/sexual-harassment-at-work-
a-crime/