Can the company claim they are not liable for martin
Course:- Business Law and Ethics
Reference No.:- EM13839600

Assignment Help
Expertsmind Rated 4.9 / 5 based on 47215 reviews.
Review Site
Assignment Help >> Business Law and Ethics

Can you please help me to fix it with no praglirism and use case in Autralian law Textbook to support the case as reference?

Swimmingpool Co Pty Ltd employs Martin as the manager of their Tasmanian sales division. Martin is to quote to potential customers the cost of installing the various pools that the company offers, to draw up any new contracts on behalf of the company and further to ensure that a deposit is paid by potential customers, monies which are then deposited in the company's bank account. Martin is on a fixed salary but his contract of employment allows for the payment of a bonus if he exceeds his annual target of signing new customers.

The company is very impressed with Martin in the first month of his employment; he has signed at least 20 new customers and work has begun on at least half of the new projects signed.

After the lapse of another month the company receives a number of complaints from customers who claim that the construction of their swimming pool is substantially different to what they had contracted for. A number of customers were given wrong advice on the suitability of the placement of their new swimming pool, which means some newly constructed pools are sinking into the ground, the repair of which will cost the company considerably. It appears also that some of the deposits have not been paid into the company's bank. Martin appears to have kept part of the money collected. The company also discovers that Martin is in the process of setting up his own business which will compete with Swimmingpool Co.

In considering the facts above make some legal observations on the following:

1. Is Swimmingpool Co liable for Martin's actions? On what basis in law would this be the case?

2. Can the company claim they are not liable for Martin because he has not followed instructions? Explain.

3. Is Martin liable to his employer for any of his actions? On what basis in law would he be liable?

4. Has Martin breached any law if he is planning to set up his business? Explain.


Verified Expert

Preview Container content

Vicarious liability is commonly known as secondary liability which states under the common law the responsibility of the superior/employer or the company here Swimming Pool Company for the acts of their employees or subordinates.

Which clearly defines the Swimming Pool company as the third party which has as such no direct role in the fraudulent acitivity of Martin but has the right or duty over Martin controlling his activities. It is different from contributor liability which is also a type of secondary liability and dwells on the tort theory.

Put your comment

Ask Question & Get Answers from Experts
Browse some more (Business Law and Ethics) Materials
Large organizations face the threat of becoming decoupled. Explain the concept of a decoupled organization as it relates to a criminal justice agency. Discuss some of the ch
List and describe the various steps used in the process of constructing a psychological profile. How does information collected about the victim play a role in the identific
In a 1-2 page, well-constructed essay, choose one of the fraud categories discussed. With the opportunity perspective in mind, describe the objectives which act as motivator
Based on the media-based research data matrix you created, select one of the research areas identified above and prepare a 5-6 page memo to Chief Draper that addresses the C
A brief is a written summary of the case. To prepare one, you must distill the case's most important parts and restate them in your own words. The effort will provide a vari
Plaintiff, Barry Cohen, complaining that he, as a spectator at a professional baseball game, was injured by a ball thrown by pitcher, sought in a battery count and in a neglig
Write a 1,050 word paper about three true cybercrime or hacking cases. Include the following: Explain the differences between cybercrime and traditional crime. Explain the pur
For City of Ontario v. Quon The Court decided the case on narrow grounds, purposefully stopping short of pronouncing broadly applicable rules for electronic communications. If