In this law case, there are different issues that have come from this case that I have analyzed. This case deals with agency law. Agency law is, which is the establishment of the agency relationship, authority of agents, and the duties agents must uphold. Agency law can be very tricky because verbal and written contracts can sometimes be upheld in court or not. In the case of Ted Tebrow v Bob Sucralose, and Jack Maguire, we see that Ted, a college football player, is looking for an agent to represent him. Ted first meets with Jack. Jack specifically mentions that he has a small cliental so he will be able to focus more on Ted and give him most of his attention. Ted liking what he heard, shakes Jack’s hand. Jack wants Ted to sign right away …show more content…
Breach of duty is a failure to act in a responsible manner for the safety of others; a failure to meet the standard of care. Bob and Jack failed to meet all of these requirements. If they were looking out for Ted’s best interest, they would have consulted him on every decision to make sure that is what he wanted. Making deals and signing on his behalf were not agent like qualities that Ted wanted to have as his representation. Ted’s claims should be upheld in court because Bob is liable for breach of contract and breach of his duties because he did not act in the interest of Ted, also known as scope of employment. Agents cannot use information obtained during the agency for personal gain after the termination of the agency relationship. Bob did exactly that, after he signed on Ted’s behalf he got a personal gain from knowing about his relationship, that was not yet exclusive, from the deal he made with his company, and the deal he signed for Gatorade, Bob used that against Ted and is now trying to sue him. Everything they did was for their gain. Bob’s claim to sue Ted for battery should not be upheld in court. Ted was not the one who put his hands on Bob. Just because Ted told Lee that someone outta punch him, that did not give Lee the permission to act upon that. Lee also was not following the best interest of Ted. Ted should not be liable for battery because those were not direct orders from Ted. Lee was in an emotional state and took his anger out on Bob, which should have nothing to do with Ted. Lee’s actions should not be accounted for on Ted’s behalf. Even though Lee quotes “That’s from Ted Tebrow”, the court will not have enough evidence to really know if that was an order from Ted. As Lee’s agent, knowing that it is against the law to put your hands on someone should be enough for this claim to be dropped. Lee being Ted’s ‘right hand man’ should know what would help and destroy his client’s reputation. Jack files a claim
Agency Problem: “The difficulties that arise when a principal hires an agent and cannot fully monitor the agent’s actions.” (Cornett, Adair, & Nofsinger, 2016, p. 15).
Objective reasonableness comes from a simple test; would another reasonable officer or person placed in the same exact situation find the original officer’s use of force reasonable? It is important that person judging the original use of force does not “Monday morning quarterback” the situation, meaning the judge should not say, “I would have done it this way” or “what the officer
This essay will explain the concepts of separate personality and limited liability and their significance in company law. The principle of separate personality is defined in the Companies Act 2006(CA) ; “subscribers to the memorandum, together with such other persons as may from time to time become members of the company are a body corporate by the name contained in memorandum.” This essentially means that a company is a separate legal personality to its members and therefore can itself be sued and enter into contracts. This theory was birthed into company law through the case of Salomon v Salomon and Co LTD 1872. This case involved a company entering liquidation and the unsecured creditors not being able to claim assets to compensate them. The issue in this case was whether Mr Salomon owed the money or the company did. In the end, the House of Lords held that the company was not an agent of Mr Salomon and so the debts were that of the company thus creating the “corporate Veil” .
Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is
Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.
In the above case study the ethical dilemma is whether to give the contract to company A which is a fair option among the two or give the contract to company B because it is run by Nirmal’s friend Devraj.
A young man, by the name of Tom Robinson pleads guilty for rape, in the case of Ewell vs. Robinson. He was shot and killed a day after his hearing. This case has brought attention to the small town of Maycomb.
Born Theodore V. Wells Jr. in 1950, in Washington, DC, Ted Wells is known as one of the most influential lawyers today in the US. According to the magazine (savoy) paper, Ted Wells has accumulated many “records of success in the most challenging civil and criminal defense cases”. As a law practitioner that earned is degree and an MBA at Harvard Law School, Ted Wells has built his reputation as a great lawyer based on many factors highlighted in the paper. The paper depicts Ted Wells as an easygoing person that has good manner. Additionally, the great lawyer is believed to be a hardworking man, who committed himself entirely to what he is doing in order to be the best at it. Furthermore, what makes Ted Wells a great lawyer is his ability to
The main legal issues in Romanelli v. Citibank are agency laws and whether a principle should be liable for the actions of an agent, if that agent has acted outside
The rules governing contracts traditionally came from common law, meaning the law that is produced on an ad hoc basis by courts. When the courts came up against a novel problem, they look at
Although doctrine of separate legal entity has the greatest importance in company law, it contains weaknesses that could be arguable. Professor Kahn-Freund described the doctrine as “calamitous” because it arise many issues, such as “How is it possible to check the one-man company and other abuse of company law?” Separate legal entity is inadequate for complex problems .
Describe how the concept of agency affected the parties’ legal positions in the case study. Did the agents help or harm their clients? Why?
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
The agency conflict refers to a problem in which there is a conflict of interest between the two parties involved. Regarding corporate finance, an agency conflict is when the managers of a firm make decisions motivated by self-interest rather than focusing on the interest of shareholders. Evidently, the interests of the manager and the shareholders may be different. Companies usually offer incentives such as rewards, compensation, and threatening to fire or take over, in order to make sure that managers are making decisions according to the best interest of shareholders.
The novice in The Firm is Mitchell Y. McDeere, a very appealing hero, a poor kid whose only assets are a first class mind, a Harvard law degree and beautiful, loving wife. (Amazon Firm, 2) He is described as the “perfect” law school graduate. He completes Harvard at the top of his class and is approached by several large Wall Street law firms. A much smaller firm, called Bendini, Lambert and Locke, also seems very interested in McDeere. This firm is quite different than others in the country. They don’t actively seek new graduates, they have mere 41 lawyers, and the offer more money that firms four times their size “ We don’t hire too many people; about one every other year. We offer the highest salary and fringes in the country, and I’m not exaggerating. So we are very selective.” (Grisham Firm, 4) They offer the most money, so he takes that job. (Grisham Firm, 1-24) McDeere immediately moves to Memphis with his extremely attractive wife Abby. He begins to work ninety hour weeks and is well on his way to becoming the youngest partner the firm has ever seen. (35-49) As far as he knew, there was nothing illegal about that. However, McDeere should have remembered his brother Ray, who was doing fifteen years in a Tennessee jail, you never get money for nothing. Then an FBI investigation plunges this straight and narrow attorney into a nightmare of terror and intrigue, with no choice but to pit his wits, ethics, and legal skills