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Bosse vs Chili Case Study

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Submitted By meresue121
Words 364
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Case Name: Bosse vs. Brinker Restaurant d/b/a Chili’s
Which court is making this decision?

Who did what to whom? Bosse was a customer who ran out on his bill. Another patron, who is unknown, chased Bosse. During the chase the unknown patron called and informed an employee at Chili’s of the situation, who then called 911. While being chased Bosse was involved in an auto accident and was injured.

What relief (claim) was sought by plaintiff in the lower court? Bosse claims the unknown patron was working on behalf of the restaurant, he therefor caused the accident which makes the restaurant liable for damages.

What was the lower court’s decision? And, if applicable, the Court of Appeals’ decision? N/A

Who prevailed in the lower court(s)? N/A

What is the specific legal question, based on what facts, is this court is being asked to address? Did the unknown patron’s actions create an agency when they contacted Chilis? There is no genuine issue to prove Bosse claim of the patron working as an agent for Chili’s.

What law(s) and specifically, which legal element(s) is (are) at issue? The common law of agency. Specifically the implied agency due to the patron pursuing the plaintiff.

What is the court’s reason (interpretation) for the application of, change in, or exception to the law? There was no implied agency due to no consent, no control and there was no relationship or benefit for the restaurant, between them and the unknown patron.

If discussed or inferred in the opinion, what had to be proven by plaintiff and was the burden met? No burden was met. The plaintiff, Bosse had to established a genuine question of all three elements, consent, control or relationship between Chili’s and the patron, which he was unable to do.

What did the court decide on the legal question? No, the court denied Bosse’s claim

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