Description
Diaz v. Carcamo Legal Analysis
The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals due to the negligent driving of one of its employees, stating the following:
A person injured by someone driving a car in the course of employment may sue not only the driver but that driver's employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment.
Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer liable for its own negligence in choosing an employee to drive a vehicle.
Write a 700- to 1,050-word paper, written in the third-person voice, that addresses the following:
- Explore types of principal-agency relationships and determine what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC.
- What course of action do you recommend with respect to the lawsuit and Carcamo's employment?
- Does Sugar Transport's Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated.
Include justification for your responses by citing applicable laws and/or legal cases in your discussion.
Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.
Use a minimum of three different sources within the paper in addition to the laws and legal cases required above, and provide in-text citations. Any laws and legal cases used in the body of your paper must also be included in the References page.
Explanation & Answer
Attached.
Running Head: DIAZ v. CARCAMO LEGAL ANALYSIS
Diaz V. Carcamo Legal Analysis
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DIAZ v. CARCAMO LEGAL ANALYSIS
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Types of Principal-Agency Relationships
A principal-agency relationship is an agreement between two parties whereby the agent is
given authority to perform duties or work on behalf of or for the other party, or the principal.
Therefore, the principal becomes liable to the agent's activities on their behalf and sets out the
terms which the agent must agree to (Chen, 2018). In this case, the principal entrusts the agent
with their duties since whatever the organization does is seen as authorization and actions from
the principal. These terms can be made through informal or verbal means, or be presented in a
formal or written way. Either way, the agreement is considered to be binding.
There are various kinds of principal-agency relationships, with the most common one
being the one between Sugar Transport of the Northwest, LLC and the employee, Jose Carcamo.
It is referred to as agency by contract or agreement where Jose may have agreed with his
principal, Sugar Transport of the Northwest, LLC, to re...
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