Mgnt 597 You Decide

In: Business and Management

Submitted By sweetmeat
Words 952
Pages 4
You Decide Assignment
Management 597: Business Law

Factual Summary Coleman is an employee for Software Inc., which requires him to spend most of his time traveling to meet customers, with the objective to sell security equipment to businesses and bars. While on a sales trip in Smalltown, Colorado, in March 2008, Coleman decided to steal a ring for his wife for an anniversary gift. Afterwards, Coleman met John, his client, at Jimmy’s Poor-Man’s Bar. While in Jimmy’s Poor-Man’s Bar, Coleman attempted to do a trick that consisted of lighting pre grain alcohol on fire. As a result, the bar sustained major damage and a fireball went through the room and killed Jimmy. Software Inc. terminated Coleman without interviewing him, which was a requirement for the company. After being fired, Coleman continued to act as an agent for Software Inc., and met with John again to apologize and treat him to a dinner that he stated would be paid for by Software Inc. During the dinner, John and Coleman got into an argument that led to Coleman punching John in the eye, causing severe eye damage.

Issues
Is Software Inc. liable for the value of the ring stolen by Coleman? Will Software Inc. be liable to Jimmy’s mom and the owners of Jimmy’s bar? Is Coleman a victim of a wrongful termination? Is Software Inc. responsible for the restaurant tab for John and Coleman’s meal? Is Software Inc. liable for the injuries sustained by John?

Legal Concepts
The doctrine of respondeat superior states that “principals are liable for the negligent conduct of agents acting within the scope of their employment” (Cheeseman, 2009, p. 474). At the time Coleman blew the fireball that killed Jimmy and severely damaged Jimmy’s bar, he was meeting with a client on company time. On the other hand, the doctrine of frolic and detour relieves the principal of liability if “an agent commits…...

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