I’m trying to study for my Law course and I need some help to understand this question.
Directions…respond to each person and be sure to ask a follow up question that relates to the chapter that also allows deeper thinking. 100 words
Question
This week’s discussion is open ended. Looking at the information in Chapters 11 and 12, identify 2 agency concepts from each chapter that have impacted or could potentially impact you or your organization. For each, please explain the concept and how it did or might apply within a particular example. When you respond to others’ posts, please try not to repeat your discussion from your orignial post.
response one
Great post! I agree, agents revealing confidential information to competitors could potentially affect an organization. The agent’s duty should require him or her to preserve confidential information.
Is a former agent of your organization, in the absence of contract, allowed to compete with the organization if the agent does not use information learned in the course of his employment with the organization?
Response two
Chapter 11 discusses the relationship between a principal and an agent, and in chapter 12 the relationship between an agent, principal, and third party are discussed. There was a handful of information given to us in these chapters that I was able to relate back to my own individual experiences, just because working at a large resort there are many different forms of agents throughout the organization. First off, I was able to identify where I fall in the agent category. I am a general agent for my organization, Deer Valley, I do have limitations but I also have appointed specific tasks, and the authority to carry out tasks on behalf of the resort. An example of some of my tasks I am responsible for is obtaining business licenses for the new owners following the sale of their condo at our resort. We obtain the license because the condo will be rented and managed by us, because of the profit it is legally a business entity. I also manage the rental agreement contracts between Deer Valley and the owners. In the rental agreement I ask for dates of stay from the owner, realistically I have the knowledge of when the condo will be vacant. As an agent if I were to take advantage of this knowledge, stay in the condo, perhaps throw a party and cause damages. The resort could be vicariously liable because I did not enter into the contract as an individual but as an agent for the principal.
A large resort with many employees that are categorized as “servants”, this can create many opportunities for torts. These fall under the master servant doctrine, this is “an employer is liable for torts committed by the employee in the scope of employment” (Mayer 2014). At Deer Valley we offer a complimentary shuttle service. When driving a company vehicle, employee’s are under Deer Valley insurance, if an accident was caused by an employee during their scope of duties the principal will be held liable. This idea is generally related to the deep pocket theory, meaning a business typically will have deep enough pockets to cover financial compensations. “A million-dollar industrial accident is within the means of a company or its insurer; it is usually not within the means of the agent—employee—who caused it” (Mayer 2014).
Mayer, D. Warner, D. Siedel, G. Lieberman, J. (2014). Business Law and the Legal Environment (Version 1). Washington, DC: Flat World.
Response three
A statue of limitations is a law requiring a lawsuit to be filed within a specified period of years. In my organization we are required to take an annual sexual harassment course. The course explains the statue of limitations to file a compliant or report harassment. According to the course, an associate must file a complaint or charge with the Equal Employment Opportunity Department within 300 days of the harassment.
My employer has entered into excusive dealing agreements with many manufacturers / vendors. The agreement was like the text describes, the vendor agreed not to sell to other retailers and a percentage of the profits were paid to the vendor. We have also experienced having to pull certain brands off the shelf because the brand entered an exclusive dealing agreement with another retailer, Walmart.
My husband and I decided to start a small trucking company, we both applied for a commercial driver’s license (CDL). We were required to take a written exam, driving test, and acquire a medical examiners certification. To renew the CDL you are required to take all tests and acquire an updated medical exam certification. According to the text, this is a regulatory license. Regulatory licenses are intended to protect the public. Drivers are frequently examined and tested to protect the safety of the public.
The usury statue is defined as one that sets the maximum allowable interest that may be charged on a loan; usury is charging illegal interest rates. I experienced this with a previous lender, I was illegally charged a higher interest rate on a mortgage loan for more than 4 years. The court ruled the lender’s practices were illegal and I was later reimbursed.
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