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Cold Case Trucking

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LAW421 Week 4
Individual Assignment - Crusoe and Cold Case Trucking
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Individual Assignment - Crusoe and Cold Case Trucking
1. What is Crusoe's agent classification? What factors should CCT analyze in making this determination?

Crusoe’s agent classification is an “independent contractor”. CCT provides only direction for the completion of tasks and does not provide a direct supervisory role of Crusoe. The IRS three-prong test would be the primary way this classification is made. The three components of the test include Behavioral, Financial, and Work Relationship. In regards to behavioral, Crusoe maintains independent freedom on how to perform project tasks. Financially, Crusoe is paid only when the invoice is submitted, as a opposed to a regular paycheck. The work relationship is focused on a single project and is clearly not an ongoing commitment, despite that fact that Crusoe is making a full time effort on the project currently.

2. What is the source of Crusoe's authority to act as CCT’s agent?

The source of Crusoe’s authority is “actual”. CCT has given Crusoe the permission to act on its behalf to achieve the goals of the business. Actual authority occurs when one party gives another party express or implied permission to act on their behalf.
Reference: http://www.law.cornell.edu/wex/actual_authority

3. Assume that Crusoe is driving to interview one of CCT’s customers for his study of CCT's logistical operations. While en route, he negligently hits a pedestrian. Is CCT liable for injuries to the pedestrian caused by their agent (Crusoe) under the doctrine of respondeat superior? Explain your analysis.

Because Crusoe is classified as an independent contractor, CTT would not be liable for the damages caused by the negligence. He operates independently and does not fall under the scope of respondeat superior. In contrast, if Crusoe were classified as an employee, CTT would be responsible for the negligence. An employer is responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
Reference: http://www.law.cornell.edu/wex/respondeat_superior

4. Suppose that Crusoe learns several important CCT trade secrets in the course of his agency and sells the information to a CCT competitor for $500,000. Which fiduciary duty has Crusoe breached? Explain your analysis. What are CCT's potential remedies against Crusoe?

As an agent, Crusoe has specific fiduciary duties that were violated. In this case, Crusoe violated the duties of loyalty and disclosure with CCT. Selling information to a competitor is obviously damaging to CCT’s business with violates the fiduciary duty of loyalty. Furthermore, Crusoe should be disclosing anything that can materially impact the agent relationship. Potential remedies for this include a termination of the contract with Crusoe and a disgorgement of the profits gained for the $500,000 sale of trade secrets.

5. Assume that part of Crusoe's agreement with CCT allowed Crusoe to use CCT's account at a local office supply store. 0ver a period of three months, Crusoe would order any office machinery or supplies he needed for his work directly from the store. The store billed CCT directly and was paid (along with any other charges by authorized CCT employees) within 30 days of receiving the bill. Suppose that a dispute arises between CCT and Crusoe about the quality of Crusoe's work and CCT terminates the consulting agreement. The next day Crusoe picks up a new computer from the office supply store, charges it to CCT's account and absconds with it. Is CCT liable for payment to the office supply store for the computer? Explain your analysis.

It’s possible that CCT will be considered liable under the theory of lingering liability. Even though the relationship between CCT and Crusoe has been terminated, there can still liability for payment. Crusoe was granted authority to conduct these transactions, therefore, the CCT must notify the office supply store that their agent no longer has authority to make purchases on their account. Crusoe’s actions are definitely unethical, but the computer store can still pursue CCT to obtain payment.

6. What steps should have CCT taken to prevent possible liability in Question 5 above?

CCT should have notified all of its vendors and suppliers that Crusoe no longer had authority. This is common practice when an agency relationship is terminated. The company should also cancel credit cards, revoke property access, etc. These steps are essentially identical to terminating a full time employee.

References
Read Theory to Practice on page 270 of the textbook (Chapter 10). Use the textbook and at least one other peer-reviewed source to support your answers to the six questions that are based on the scenario about Crusoe and Cold Case Trucking. The substantive portion of the paper (not including reiteration of the questions) must be at least 750 words in length.

Cold

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