1. An agency contract can be terminated by an act of the parties (principal and agent), by changed circumstances, by impossibility of performance, and by operation of law (Cheeseman 2013, p.495). In this case study, Potter terminated Aker as his sales agent terminating the agency, and the principal-agent relationship. Since Aker dealt with about 200 customers during his tenure as an agent, Potter must properly notify all these customers by means of a Notice of Termination stating that agency relationship has been terminated. This would allow Potter to protect himself from any potential liability and warn the customers that Aker is not any longer serving as an Agent for his company.
Furthermore, if Potter fails to give proper notice to the 200 customers, Aker would still have apparent authority to bind Potter to contracts with these customers. Failure to send proper notice would still make Potter liable for Aker’s actions and torts after the fact, because all these customers would be unaware of the termination. Therefore, to avoid any liability from any of these customers, Potter must provide them with a Direct Notice and Constructive Notice of termination. For instance, Potter must send a direct notice of termination (written or orally) to all the 200 customers that Aker dealt with. Additionally, Potter must also send a constructive notice of termination to any third party or potential customers that had knowledge that Aker was working as an agent for Potter, but that Aker did not deal with (Cheeseman 2013, p.496).
In closing, Potter must send a proper notice of termination to each of the customers that Aker dealt with in order to protect himself and his company from any potential liability. This termination notice would ...
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... the intentional tort against Ted Turner. As a result, Ted Turner can recover monetary and punitive damages for the injuries caused by Al’s actions (Cheeseman 2013, p.505).
In conclusion, Agency law establishes certain rules that make principals, agents, and independent contractors liable to third parties for their tortious conduct. This case study summarizes how an agent’s (Al) intentional actions would make a principal (Pete) also liable, as long as the agent commits the torts within the scope of his employment. In short, because the repossession was an illegal act, this situation would make Pete (principal) and Al (agent), both liable for their tortious conduct against Ted Turner. Consequently, Ted Turner has the right to bring a lawsuit against Pete and Al, in order to recover for damages and any injuries that he might have obtained by Al’s wrongful actions.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
The McIntyre vs. Balentine is one of the landmark cases in the United States because of its contribution to the adoption of a system of modified comparative fault in Tennessee. Based on this system, a plaintiff may receive compensation for damages where his/her fault is less than the defendant’s fault. Notably, the recovery of damages by the plaintiff is lessened to reflect his/her extent of fault. In situations involving several tortfeasors, a plaintiff’s recovery of damages is valid so long as his/her fault is less than the total fault of all tortfeasors (“Comparative Fault & The Empty Chair”, n.d.). The lawsuit was determined on the basis of contributory negligence doctrine and comparative negligence. The application of these doctrines as fueled by the need to determine the essential difference in the fault or legal duty between a party or non-party and negligent tortfeasor.
A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
As per request of the first assignment of this course, I watched the movie “A Civil Action” starring John Travolta (Jan Schlichtmann), as a plaintiff’s lawyer and Robert Duvall (Jerome Facher) and Bruce Norris (William Cheeseman) as the defendant’s lawyers of W.R. Grace and J Riley Leather companies. The movie depicted the court case fought in the 1980’s among the previously mentioned companies and the residents of Woburn a little town located in Massachusetts. After watching the movie, an analysis using the ethical tools reflected in the chapter 1 of the course textbook will be used to portray the ethical issues of the movie.
The King of Torts is a legal novel written by American author John Grisham. In this story Grisham exposes us to a classic story that confirms the old cliche – “What goes around, comes around”, or in other words: a person's actions, whether good or bad, will often have consequences for that person.
Tort is a word developed to describe in general the different types of claims that are normally imposing economic and financial losses that are because of some kind of misbehavior, apart from breach of contract. The term is used to refer to this type of claims, false presentations, fraud, breach of contract, encouragement, unfair competition, trade name and trademark infringement and interference with business relationships (Emanuel, S.
Even though the principal does not authorize, ratify, participate in, or know of the misconduct, he/she may be held for an agent’s tort committed in the course and scope of the agent’s employment. As noted in Case Study 1, an agent is to comply with all lawful instructions received from the principal and persons designated by the principal concerning agent’s actions on behalf of the principal. A principal who is under a duty to provide protection is subject to liability to such others for harm caused to them by the failure of such agent to perform the duty. A principal is not relieved from the separable part of a contract which he/she authorized the agent to make by the fact that the agent under took. Even where the agent’s unauthorized act constitutes a fraud on both the principal and the third person, the partial validity rule is applicable.
William M. Landes and Richard A. Posner. The Economic Structure of Tort Law. Harvard University Press, 1987.
Every mentor has their own personal style as well as it significantly influences how they behave as a part of the mentor style is his or her ability to get used to their normal responses when the situation involves something other than their normal style. The movie, Something the Lord Made by Joseph Sargent is based on a true story of two medical inventors, which are the surgeons Dr. Blalock who is creating a new technique in heart surgery and his assistant Vivien Thomas who get hired as a janitor at the university. Dr. Blalock takes Thomas as his lab assistant where he supports him as a friend by asking him a lot of questions like ‘why’ and ‘how’ this happens, to make his interest greater in the medical field where he develops techniques that allows him to work with him in the lab and where they both work together on the “blue baby” project as a friends which makes easier for them to help each other. In comparison, my mentor has always been my mother who influenced me a lot with everything in my life the way she supported me in everything to overcome my problems. Through these examples people can see that different way of mentoring styles can influence the ones who receiving the guidance by giving people inspiration, helping people to overcome their obstacles, and friendship.
Compensation involves monetary awards and can be difficult to decide the proper amount of compensation to make the plaintiff whole. In some instance the compensatory damages may seem too far exceed the actual loss of the plaintiff. In addition to over compensation to the plaintiff, another concern is how lawyers are paid for their services. The perception is that lawyers make to much money compared to the plaintiff. Many people, politicians, and companies believe that tort system is defective and requires reform to bring the system more in line with the original intent of tort
Wasserman, Michael. 15 Techniques When Dealing With Customers. My Success Company. 25 January 2005. .
For more than 60000 years, Aboriginal people have been lived with in the land called “Australia” with out invasion from outside world. However, from 1788 when European first came and settled on the land of Aboriginal as their new habitation which change the Aboriginal people life in many ways. The purpose of this report is to research and discuss about changing of Aboriginal people life after the arrival of the first fleet of European in 1788. This report will discuss the changing of the Aboriginal life from 1788 to 1901, which includes dispossession and protectionism. It will also highlight the struggle for right and freedom of Aboriginal people from 1901 to the present including Assimilation, Integration and Self-determination. In addition, it will identify role and achievement of Chatty Freeman and who influence Aboriginal’s culture to the forefront of society.