You Decide: Factual Summary

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You Decide-Week 5 Glenn Browne-D40187506 MGMT -597 2 Table of Contents Factual Summary__________________________________________________3 Issues________________________________________________ _____ _____ 4 Legal Consepts____________________________________________________5 Analysis_________________________________________________________ 6 Conclusion_______________________________________________________7 References___________________________________________________ ___8 3 Factual Summary According to the case presented for the You–Decide assignment an individual by the name of Coleman works for a Delaware based corporation known as Software Incorporated. Coleman has worked for Software for the past seventeen years and…show more content…
The following statements summarize each of these issues that are presented in the case. 1) Should Software Inc. be held liable for the damages caused by Coleman in the suit brought by Jimmy’s mom? Jimmy’s mom, as the only heir to Jimmy’s estate suffered a loss when the bar was destroyed; Jimmy was one of five owners in the bar. 2) Should Software Inc. be held liable for damages caused by Coleman in the suit brought by the remaining owner’s of the bar? The four remaining owners suffered a loss when the bar was destroyed due to Coleman’s actions. 3) Should Software Inc. be held liable for damages caused by Coleman in the suit brought by John? John was struck in the eye by Coleman and suffered severe eye damage. 4) Was Coleman a victim of wrongful termination? Coleman was terminated without an exit interview as required by Software Inc’s handbook. 5) Should Software Inc. be held liable for the cost of the ring stolen from the jewelry store; by Coleman? 5 Legal…show more content…
Negligence can be defined as the “the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances”. The entity or individual can be held responsible for conduct where reasonable care was not exercised. There are five elements that are required to prove negligence: a legal duty to exercise reasonable care, failure in exercising reasonable care, negligent actions caused physical harm, that harm caused actual damages, and the harm was within the scope of liability.(1) The legal theory of vicarious liability is the underpinnings of the legal doctrine of respondeat superior. This legal doctrine supports the concept of holding the employer or principal legally responsible for the negligent acts of the employee or agent. These agents’ acts must occur within the scope of employment to hold the principal liable. The principal is liable for the injurious activities of the agent even if the principal did not directly commit the

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