Management of Employee Conduct Research Essay

Gimbels is right to claim that it is not liable in the Mapp v. Gimbels case because Mr. DiDomenico was not acting as its agent at the time the incident occurred. (Jennings, 2015). Since Mr. DiDemenico has not signed a contract with Gimbels and instead works as a security guard for JCPenney, he is legally JCPenney's representative rather than Gimbel's agent. (Jennings, 2014). Gimbels does not hire Mr. DiDemenico; as a result, Gimbels is not Mr. DiDemenico's principal. For an individual to be regarded as an agent for a particular principal, it requires a written or oral agreement between the person and the principal (Lightle, Castellano, Baker & Sweeney, 2015). Therefore, in the case of Mapp vs. Gimbels, Gimbels is correct by saying that it is not liable because Mr. DiDemenico is not its agent (Jennings, 2014).

Question 5

[Burger chef systems vs. Govro, 407 F.2d 921. (8th Cir. 1969)]

In the case of Burger Chef Systems vs. Govro, Burger Chef Systems is not liable for the accident caused by Mr. Norris even though Mr. Norris is an employee of Burger Chef because the accident was committed while on frolic (Dau-Schmidt, Finkin & Covington, 2016). Mr. Norris had an obligation to get change on behalf Of Burger Chef and not grab lunch at Kentucky Fried Chicken (Jennings, 2014). Since the accident happened when Mr. Norris took a detour to get lunch at Kentucky Fried Chicken which is 2.5 miles From Burger Chef, this makes Burger Chef not liable for the accident caused by Mr. Norris (Jennings, 2015). Further, Burger Chef is not responsible because the incident of the incident occurred when Mr. Norris was making stops for personal reasons and not to the cause of running errands for Burger Chef Systems (Jennings, 2014). As a result, the accident occurred when Mr. Norris was not doing Burger Chef Systems work but attending to his personal needs thus making Burger Chef Systems not liable for the accident (O’Sullivan & Hilliard, 2016).

Question 9

[Silva vs. Bisbee, 628 P.2d 214. (Haw. App. 1981)]

In the case of Silva vs. Ms. Bisbee, a breach of fiduciary duty is evident since Ms. Bisbee was not open and loyal to the Silvas while conducting the business (DeAngelis, 2014). Ms. Bisbee being an agent for Silva that was responsible for selling the property, she owed Silva general duties of trust, loyalty and good faith (DeMott, 2014). Ms. Bisbee was responsible for notifying Silva about the first deal with David Larsen even though the deal did not go through. Moreover, she did not mention about the second deal with the joint venture of the six-member and that she was managing the joint venture where she received 10% of the profits (Jennings, 2014). The act of Ms. Bisbee failure to disclose all relevant facts that related to the property sale affected Silva emotionally resulting her to cancel the contract (Jennings, 2015).

The general damage and punitive damage award should stand (Jennings, 2015). General damages should stand because Ms. Bisbee failed to honor her fiduciary duty to Silva and this affected her emotionally. Therefore, she qualifies to be rewarded for emotional distress caused by Ms. Bisbee (Jennings, 2014). The punitive damages should also stand because Ms. Bisbee received payment of 10% of the profit for managing the joint venture of the six members and failed to share this information with Silva thus the money could not be accounted (Jennings, 2014). Further, Ms. Bisbee committed an act of fraud by failing to inform Silva about the payment she received.

References

Dau-Schmidt, K. G., Finkin, M., & Covington, R. (2016). The Legal protection for the individual employee. West Academic.

DeAngelis, W. (2014). Academic Deans, Codes of Ethics, & fiduciary Duties. Journal of Academic Ethics, 12(3), 209-225.

DeMott, D. A. (2014). Relation-ships of Trust and Confidence in the Workplaces. Cornell L. Rev., 100, 1255.

Jennings, M. M. (2014). Business ethics: Case studies and selected readings. Cengage Learning.

Jennings, M. M. (2015). Cengage Advantage Book: Foundations of the Legal Environment of Businesses. Cengage Learning.

O'Sullivan, J., & Hilliard, J. (2016). The law of contract. Oxford University Press.