Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Case Study: Rodrigo Martinez worked as a sales representative for eHarbour and received a commission for all sales. Rodrigo often visited boat retailers and marinas in Florida to make sales. Rodrigo was traveling between sales calls in his role as an eHarbour sales representative while driving on I-75 in Florida when Rodrigo rear-ended another vehicle driven by Walter Black that caused significant damage to the other vehicle and personal injuries to Walter. Rodrigo admitted that at the time of the accident he was using the mapping and GPS functions on his cell phone to check the location of his next sales call and to determine how late he was running, and that he was not looking at the road.
Walter alleges that eHarbour is directly liable for Walter's property damage and personal injuries for breaching a duty to train Rodrigo to not use his cell phone while driving, and is vicariously liable for damages because Rodrigo was eHarbour's agent at the time of the accident, as he was en route to a customer's business while acting as an eHarbour sales representative.
Questions:
Discuss whether you think there is sufficient evidence to support a finding that an agency relationship existed between Rodrigo and eHarbour, to hold eHarbour vicariously liable.
What are the different factors that should be considered when determining whether a person is an agent or employee rather than an independent contractor for tort liability?
Who bears the burden in showing the existence of an agency relationship and the scope of the agent's authority?
What court system could the homeowner use to resolve the problem? Explain what procedures the homeowner must follow, including what could the homeowner do if unsuccessful there (and possibly subsequent levels)
What are the key areas in which contract law has evolved from traditional concepts, to addressing equitable solutions or complex modern day transactions and structures?
Should a Mexican citizen who bought a Chrysler vehicle in Mexico be allowed to sue the manufacturer in a U.S. court under U.S. product liability laws
When interpreting historical data, why is it important to look at both external and internal evidence? Cite a case of a historical event that has been interpreted differently either by two sources at the time of the event or by common opinion in d..
Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not
Florida International University - Did Watts's behavior constitute an intentional tort or a tort of negligence? How would this differ-ence affect Buy-Mart's
Canadian laws approach to consent, its definition of sexual assault, possible defences, and/or the relationship of these factors to major cases we have studied
Discuss all the legal issues in the following case scenario. Make sure you indicate the applicable law or legal doctrines in your discussion.
Andrew, Brian, Colin, Diana and Elizabeth were the directors of Gemsales Pty Ltd, a company engaged in the business of importing and supplying jewellery as wholesalers to the local market.
The Constitution of the United States significantly affects all criminal law. Why is that so when more than 95 percent of all prosecutions occur.
the united states has several laws that are intended to further fair balanced and competitive business practices. do
BUSE 140 San Diego City College employon the ground that Dyer in fact had no right to sue.Dyer's only remedy was to make a claim underworkers'compensation
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +1-415-670-9521
Phone: +1-415-670-9521
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd