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The Sporty One Case Analysis

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The Cardigan family has made a name for themselves in the sweater industry. CARDWARE, Inc. is growing and has opened ten new stores nationwide under the name “The Sporty One.” The slogan the store advertises its sports ware with is “You don’t have to be an athlete to look and feel like one.” CARDWARE, Inc. wants to employ slender, young employees, so that the clothing line can keep with the sporty image. They placed an ad online advertising that they wanted to hire an experienced salesperson, in retail sales or marketing, who is energetic, youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. Petunia Rotunda, a middle aged, slightly plump woman, who has five years of retail experience working in a garden shop. Noah Dahl, a college graduate in marketing, a slender racquetball player who has not had any retail experience. Petunia and Noah …show more content…

She says that she has more qualifications than Noah and she should have been the one who was hired. CARDWARE thought that Noah was more qualified per the advertisement as well as company image and future plans for the company. A company is able to employ who they want and there is nothing wrong with that. Part 2: If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah’s behavior? If so, under what theory? If Petunia brings a lawsuit against CARDWARE and The Sporty One, the two companies will be held responsible for Noah’s behavior, under the doctrine of respondeat superior theory. Respondeat superior is when the employer can be liable for intentional torts of the employee that are committed within the course and scope of employment, just as the employer is liable for negligence (Miller, 2013). CARDWARE should not be liable for any injuries that may happen because of Noah’s behavior. Part 2: What defenses might CARDWARE

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