Case Analysis: Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee, resulting in criminal charges.
One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!” Dave is so offended that Victor would insult his employer’s professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.
Within your paper, define agency and how an agency relationship is created. Identify the various types of agency relationships, and explain tort liability and how it relates to the agency relationship.
Then, considering the legal principles discussed in Chapter 20, explain who is liable for Dave’s negligence for causing the car accident, and explain who is liable for Dave’s intentional tort for punching Victor.
Provide your answers in a case analysis of at least two pages in length.
One source is required. Include an introduction in your paper. Adhere to APA Style when creating citations and references for this assignment. APA formatting, however, is not necessary.
TO BE RE-WRITTEN FROM THE SCRATCH
Business Law Paper
An agency is an organisation or an institution that agrees to act on behalf of or instead of its client subject to the control of the client. One common example is the house agent. In a business relationship thus, the principle agent relationship calls for being either the employer/ employee relationship or through and independent contractor(“Relationships which give rise to strict liability for the tort of another,” 2019). The agency relationship thus looks at the fiduciary relation that is as a result from the manifesto of consent by an individual person to another where the other individual is going act on his behalf which is also subject to control or the consent of the other party.
In the agency relationship like that of Dave and Empire courier services one individual (the agent) will agree to do something for another party that is also subject to the control of the other party. In this relationship also the other party should agree to the agreement(Giliker, n.d.). This also means that the principle is going to be bound by what the agent does based on the fact that the agent is acting in the manner which the principle would have acted him/self
Agent relationships
In regard to the official stipulation of a particular agent relationship is often specified in the contract. The agent relationship usually consists of any capable and consenting parties with the intent to perform a legal undertaking. In other words, the principle of the agency relationship will look at the single individual that appoints an agent in performing various duties. The agency relationships by this descriptions will contain principles that are nonprofit organisations, corporations, government agencies and partnerships(“Relationships which give rise to strict liability for the tort of another,” 2019). In any case the agent will be an individual that is adept to known the task that they are delegated by the principle and they are going to execute the assignment without issues. For example the principle and agent relations will look at hiring an attorney in doing legal work, commissioning a contractor in doing repairs oremploying an individual in diversification of a stock portfolio.
In the case of Dave and Empire Courier services, the principle is the Empire Courier Services while Dave is the agent since he is performing the skilled work of driving the car and transporting the courier. In most case, principles will consist of business owners that employ or chose other persons to carry out the task on their behalf(Giliker, n.d.). The agency torts has a number of rules related to liability between the principle and the agent. According to the tort the agent usually works as an extension of the principle as if the principle was present. Based on this, in regard to Dave and Empire courier services, the principle which is Empire courier services are going to be held liable for the agent’s torts including wrongful act which called for a civil cause of action(“Relationships which give rise to strict liability for the tort of another,” 2019). The agency tort show that a principle will be held liable when the principle negligently hired the agent, the principle gave faulty instructions or the principle failed to properly supervise the agent.
In conclusion given the history of Dave with running the agency business including personal conduct, it can thus be affirmed that in the recent instances the principal actednegligently on the way it handled the conduct of Dave, whic,…………………………………………………………………………………………………………………………………………………………………………………………………………………………………,………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Dave is a driver for Empire Courier Service.
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