Is swimmingpool co liable for martins actions

Assignment Help Business Law and Ethics
Reference no: EM13800602 , Length:


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: EM13800602

Explain image management after law suits

Explain Image Management After Law Suits and insurance companies refused to pay claims to insurance holders who paid premiums on time and had binding legal contracts

Identify main issues within the selected areas of reference

The Reflective Paper should demonstrate understanding of the reading materials, as well as, new materials discussed and researched throughout the course. The eight to ten pa

What is the purpose of the story as you perceive it

How is crime or criminal justice portrayed? What feelings or reactions are evoked in you by the article? How would you explain the reported criminal behavior using the two the

How did these companies address potential compliance issues

What pertinent aspects of U.S. law should the company be aware of in its goal to do business internationally? Assess the legal implications of moving business abroad specific

Briefly discuss the meaning of the so-called social contract

Briefly discuss the meaning of the so-called social contract. In doing so, speak about political philosophers such as John Locke, Thomas Hobbes, and Jean-Jacques Roussea

Provide a brief overview of isaf mission

How can media coverage of terrorist attacks influence public opinion of governmental affairs? Explain. How does a nation's efficient response to attacks psychologically influe

Respond and cite international example of domestic terrorism

Respond and cite international examples of domestic terrorism. Explain whether or not you think the United States is experiencing a similar level of domestic terrorism. What

Which condition required for imposition of strict liability

Which of the following is a condition required for the imposition of strict liability? Robby calls Bobby on the telephone and threatened to come over and break his nose. Which


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