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You Decide, Week 5

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You Decide, Week 5
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Mgmt. 597: Business Law

CASE SUMMERY: Coleman is an employee for Software Inc.; Coleman was a member of the sales division that sold security equipment to businesses and bars. Coleman is traveling the majority for the time; he often spends three months in a row on the road. While on a sales trip to Colorado, in March of 2008, Coleman stole a ring for his wife. Then, Coleman met John at Jimmy’s Poor-Man Bar. While in the bar, Coleman accidentally killed Jimmy and majorly damaged the bar when he attempted to shoot a fireball out of his mouth. Software Inc. terminates Coleman without interviewing him, which was a company policy. After, Coleman continued to act as an agent of Software Inc. and met John to apologize, stating he treat him to dinner on Software Inc. While at dinner, the two argued and Coleman punched John in the face. Jimmy’s mother, John, and Jimmy’s Poor-Man’s Bar sued Software Inc. for the damage caused by Coleman. Coleman sued Software Inc. for wrongful termination and the jewelry store sued Software Inc. for the value of the ring.

ISSUES:
Is Software Inc. liable for the value of the ring?
Is Software Inc. liable to Jimmy’s mom and the owner’s of Jimmy’s Bar?
Was Coleman a victim of wrongful termination?
Is Software Inc. liable for the injuries sustained by John?

EVALUATION: Is Software Inc. liable for the cost of the ring Coleman stole? I would say no. Even though Coleman was on a business trip acting as an agent of the company, going to the jewelry store was not part of his job. “A person dealing with an agent cannot hold the principal liable for any act or transaction of the agent not within the scope of his/her actual or apparent authority” (USLEGAL, Inc., 2012). If Coleman had been in the jewelry store doing business, then Software Inc. could be held liable. Is Software Inc. liable to Jimmy’s mom and the owner’s of Jimmy’s
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