Can the company claim they are not liable for martin

Assignment Help Business Law and Ethics
Reference no: EM13839600

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

Reference no: EM13839600

Transfer pricing more than ever before is a major issue for

Discuss, using appropriate examples, the concept of ‘transfer pricing’ and explain why tax authorities around the world have become concerned about it.

Write paper about rebutting the justices concerns

Write a 700- to 1,050-word paper rebutting the justice's concerns about the competencies of human service workers. Provide quality supporting sources to illustrate the value

Explain formal and informal methods of communication

Explain Formal and Informal Methods of Communication and In a two to three page paper, address the questions below. Your paper should follow APA format including a title and

Example of a friend who acted unethically

Do you think that acting ethically is just a matter of wanting to badly enough and what kinds of situational factors can you think of that might make it difficult for a well-

Regarding the constitutionality of their actions

During a nonviolent, peaceful protest several of the students are arrested for wearing tee shirts which say "stick your proposal up your ramp." Which of the following wou

Major philosophical themes of the us constitution

Outline the major philosophical themes of the U.S. Constitution and the Articles of Confederation. Use specific references from the Articles of Confederation and the U.S. Cons

What are the obligations of the hr manager

She loved her job and knew she did quality work. She made an appointment with the hr managers. Using the civil rights acts of 1964 and 1991 discuss the type of sexual harras

Place some illegal software on tom''s computer

Tom owned a computer business. Sue was a friend of Tom's and visited him on July 1, 2013; they each consumed 10 beers. Sue offered to sell Tom 10 computers for $50,000. Sue sa


Write a Review

Free Assignment Quote

Assured A++ Grade

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!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd