Business discussion 1

User Generated

Znxnanxv

Business Finance

Description

One of the most fundamental issues in business law involves the question of when a company can be held liable for the acts of an individual person, whether this involves a contractual obligation or a personal injury (meaning a tort). Choose one of the scenarios below and explain whether or not you think the business is liable for the acts under the principles of agency law.

  • A real estate agent hires a handful of local kids to do the landscaping of homes that he is trying to sell. In addition to the general payment, he reimburses them for the cost of gasoline for lawn mowers and other equipment. While mowing a lawn, one of the kids loses control of a lawn mower and it mows down a neighbors very expensive collection of lawn gnomes.
  • In a hurry to get his apartment complex painted, a homeowner hires three people he meets at the local home improvement store to do the work. Since they’re not professional painters, he provides all of the equipment and paint needed to do the work. While at the apartment complex, one of them breaks into an apartment, assaults the resident and steals a wallet.
  • An entrepreneur decides to open up his own car-for-hire business, and creates an app allowing anyone to connect with people who need a ride. The passengers pay the entrepreneur, who in turn pays a percentage to the driver. Other than the app, the entrepreneur has no other involvement between the driver and the passenger. One night, a driver who is intoxicated picks up a passenger and then gets into an accident, and the passenger is severely injured.
  • One page length for the discussion and no plagiarism. Thanks

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Explanation & Answer

Attached.

1
Running head: VICARIOUS LIABILITY

Vicarious liability
Student name
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2

VICARIOUS LIABILITY
Vicarious liability
In the course of an employer-employee work relationship, the actions of the employee may be
binding to the employer in what is termed as vicarious liability. For the actions of the employee to
be enforceable against the employer, several factors must come into play. They are as discussed
below; first, the person acting on behalf of the business must be an employee of that company. In
determining whether a person is an employees, that person must be on a salary from the company,
must be under the direct control of the employer and uses the tools of the employer to do their
work.
Secondly, that employee must have been in the course of duty, when the duty being owed to the
employer happens. They must have been pe...


Anonymous
I was having a hard time with this subject, and this was a great help.

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