What basis in law would he be liable

Assignment Help Business Law and Ethics
Reference no: EM13844742 , Length:

Question: Business and corporations law it for 2000 words and please fullfil all requirements of assignment

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: EM13844742

List webers three ideal types of authority

List webers three ideal types of authority. Which one forms the basis for his bureacracy and why? Describe at least two challenges that political appointees face in succesfull

Will she prevail

When Juanita was growing up her uncle always told her that when she graduated from college, he would buy her a new car. Juanita never forgot this so when she graduated from

What constitutes an employer-employee relationship

Based on the material read, how do you think religious (sectarian) institutions might be treated the same and be treated differently "under the law" (laws' application/affec

Description of these laws as they apply to the dhs

Provide a brief description of these laws as they apply to the DHS. Identify at least 3 HSPDs that are related to the identified laws, and define the nature of this relationsh

Does the law allow for such a recruitment technique

Should employers be able to recruit through employee referrals and word-of-mouth? Does the law allow for such a recruitment technique? What specific restrictions does Title

Explain functions and role of law in business and society

Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job

Should a physician be immune from liability in those cases

In the Ostrowski case, there existed a material issue of fact about whether the patient's failure to follow the medical care instructed may have contributed to the harm caus

What is the significance of the pregnancy discrimination act

What is the significance of the Pregnancy Discrimination Act? Can you share with the class if you, your friend or colleague was pregnant at work and has ever been a target of

Reviews

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