Essay on You Decide

1545 Words May 21st, 2012 7 Pages
Factual Summary

As per the transcript, Coleman works for Software Inc., a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in their sales division.
During a sales trip to Smalltown, Colorado in March 2008, Coleman wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it.
He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.” Coleman was
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She would be better off going after Coleman for involuntary manslaughter by gross negligence, where a person causes death through extreme carelessness or incompetence.
4. No, Software Inc. is not liable for John’s injuries, even though Coleman is still an apparent agent of Software Inc. Under intentional tort, where a principal is liable under the doctrine of vicarious liability for intentional torts of agents and employees committed within the agent’s scope of employment (Cheeseman, 2011), intentional torts involving people include battery, assault, false imprisonment, invasion of privacy, malicious prosecution, and defamation (saskschools.ca, n.d). In this case, battery would be defined as the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person (Larson, 2003). But under the motivation test, if an agent’s motivation in committing the intentional tort is personal, the principal is not liable, even if the tort takes place during business hours or on business premises (Cheeseman, 2012).
5. No, Software, Inc. will not be liable to the jewelry store for the value of the ring due to the legal principle of frolic and detour, a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal’s (Cheeseman, 2011).
6. In order to limit liability from an employee it

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