Friday, March 23, 2012

R.L. Mitchell v. C.C. Sanitation Company, Inc. case brief

R.L. Mitchell v. C.C. Sanitation Company, Inc.; (Ct of Civil Appeals, 1968); CB 409; Notes 50
  • Facts: P employee sues D employer after accident. D said if P didn’t sign release, couldn’t keep job. P was an at-will employee, D under no legal duty to keep him in his job. No unlawful conduct leading to Ps inability to exercise his unfettered will, rather it’s a question of whether it was a wrongful act leading to his inability to exercise his unfettered will. P action for damages to set aside releases signed under duress and fraud.
  • Holding: Court reversed summary judgment. It was important to the court that the parties were in unequal positions of bargaining power. No meeting of the minds if one party acted under duress.
  • Commentary: Rsmt says that you can’t threaten to do something that’s wrongful

No comments:

Post a Comment

Montana Cannabis Industry Association v. Montana Case Brief: Key Takeaways for Law Students and Legal Researchers

Case Brief: Montana Cannabis Industry Association v. Montana, 368 P.3d 1131 (Mont. 2016) Court Supreme Court of Montana Citation 368 P.3d 11...