LS311-5 Examine Agency And Employment Relationships

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LS311-5 Examine Agency And Employment Relationships

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LS311-5 Examine Agency And Employment Relationships

2 Downloads2 Pages / 350 Words

Course Code: LS3115
University: Kaplan University

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Country: United States

Question:

Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?
Do not forget to review the company’s slogan as given in the above facts.
Be sure to discuss Petunia’s point of view as well as CARDWARE’s position and defenses.
Use legal authority to support your position as well.
If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah’s behavior? If so, under what theory?
What defenses might CARDWARE assert?
If Hetty Whitestone’s estate claims that CARDWARE should be responsible for Hetty’s death, will it?
What defenses might CARDWARE utilize?

Answer:

Bona Fide Occupational Job Qualification:
The advertisement seems genuine and bona fide as they sell sports clothing and it is quite normal for them to look for a person with good physique.
Slogan of the Company:
However, the slogan of the company speaks differently from what it has advertised for the salesperson. It says that one need look like an athlete to feel and look like one, yet it advertised for a ‘sporty’ salesperson.
Petunia’s Point and CARDWARE’s defense:
According to Petunia, she perfectly fits the criteria of the advertisement, as she is experienced. The company in its defense said that Noah fits the criteria even better as he is more qualified and his image of a sportsperson suits the company. As per the Law of Contract, a company is at liberty to hire whichever candidate it feels suitable for the required position (Knapp, Crystal & Prince, 2016).
CARDWARE responsible for Noah’s behavior:
Petunia may start a lawsuit against the company. The company can be held liable for the act of its employee under the theory of Vicarious Liability under Law of Tort (Deakin, 2018).
CARDWARE’s defense:
CARDWARE may defend itself by pointing out that Petunia disrupted its course of business by harassing its employee and customer.
Hetty Whitestone’s Estate may claim:
Hetty Whitestone’s estate may held CARDWARE responsible for her death out of Vicarious Liability, as Noah was the employee of the company when he pushed Petunia out of the store.
CARDWARE’s defense to Hetty Whitestone’s estate’s claim:
The company may argue that it was Petunia who was responsible for the accident, as she was the one to bump into Hetty. Additionally, it may also say that there was no negligence of duty on the company’s part.
References
Deakin, S. (2018). ORGANISATIONAL TORTS: VICARIOUS LIABILITY VERSUS NON-DELEGABLE DUTY. The Cambridge Law Journal, 77(1), 15-18.
Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.

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