James, handy-man at Chatham Court Apartments, was discharged by the owner, Shapi

Question

James, handy-man at Chatham Court Apartments, was discharged by the owner, Shapiro, on March 24, and was paid his wages in full. The foliowing day he appeared and performed his regular former duties, although Shapiro did not know this. Tenants of Shapiro saw James at work, but, not being aware that he had been discharged, saw nothing unusual in the situation. In the course of cleaning around the furnace, James stumbled and was seriously burned. He claimed workmen's compensation. If there was a contract of employment, express or implied, between James and Shapiro, at the time of the injury, James may recover, otherwise not. Decide and state your reasoning.

Explanation / Answer

Shapiro is entrusted to pay workmen's commission till the time he employed James. In this case James was doing the duty himself and without knowledge of Shapiro , who discharged James already of the duty. James cannot claim workmen's compensation in this case because he had not legal duty to discharge the duty.

Related Questions

Navigate

• Browse (All)
• Browse J
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.