Case Study on Legal Position
This assignment is worth 30 marks and must not exceed 1800 words. It requires legal referencing in accordance with the Australian Guide to Legal Citation.
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Added on 2020-01-21
Case Study on Legal Position
This assignment is worth 30 marks and must not exceed 1800 words. It requires legal referencing in accordance with the Australian Guide to Legal Citation.
Added on 2020-01-21
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Running Head: LEGAL POSITION 1Legal position Student’s NameInstitutionCourse InstructorDate
LEGAL POSITION 21.0 Issue.Was once James responsible for the harm that his employers had been dealing with? Thequandary in this case is whether James will have to be liable for the damages incurred from hismovements for receiving and transplanting a load of plants as well as utilizing Miller’s cash inacquiring fertilizer and irrigation approach. Should James be held dependable for his negligentactions that resulted in colossal damages to each the Millers and to the manufacturer that hadhired the truck driver to do the delivery? Or must the Miller’s be liable for the damages incurredgiven that James was once performing underneath the permission, directions or within theexceptional curiosity of his major? Whether James will probably be liable in masking for the damages incurred in acquiring load ofcrops and transplanting vegetation that were mistakenly given to him as good as covering thecharges incurred with the aid of buying the irrigation procedure and fertilizer on the account ofthe Millers exclusively is dependent upon whether or not he had the responsibility or the vigorexpressly or impliedly communicated to him via his essential- the miller’s. In this context,specific exact authority entails the recommendations and instructions from the millers to James,at the same time implied actual authority is the James’s capability to hold out whatever used tobe affordable assuming that the primary wanted him to behave as a consequence in expressinghis exact authority. 2. Rule of lawAn agency relationship needs that agents should act diligently with loyalty and will have to bethoroughly compensated for the offerings that he/she undertakes on behave of the essential.Nonetheless, agents must be bind with the aid of any act negligence that may outcomes indamage to the most important or a 3rd celebration. 11
LEGAL POSITION 3outlined by the contract, which is special from his/her fiduciary duties to the major, even as,individually, 2the predominant could consent to conduct via the agent that will to otherwise outcome in abreach the agent’s fiduciary duties (Robert, 2013). 3. Case analysis.When inspecting a given case involving a most important and a third occasion involving liabilityfor movements triggered by way of an agent courts tend to attract upon quite a lot of quantity ofdoctrines. Nevertheless, the variety of doctrines used alerts a signal of problem that the courtdocket is in additional than the convenience the courtroom is in arising with particular resolutionof the topic. Some of these doctrines require considerable notion of their software. What makesauthority “specific? How obvious does “apparent authority must be? And when does the decidehave to pull the last inn of “inherent company power?” The final class of inherent agency wasonce created after judges started realizing that the circumstances that have been coming theirmethod did not in the current doctrines. These doctrines are applied haphazardly mainly givingupward push to the suspicion that this circumstances most judges are finding out whether theseinstances should be decided on long-established feel grounds than groping legal formalisms in this unique case, James categorical authority was landscaping Lilly court docket Villa, werehe was reduced in size by the Millers who owned the position. James implied authority was toact as a result and reasonably in all movements associated at landscaping the Lilly courtroomVilla. Nevertheless, in unique reference to this case, he was once no longer given categoricalauthority to obtain load of crops, signal for a supply from a 3rd party. As a contractor shriveledin landscaping Lilly court Villa James he used to be now not given any categorical authority tosignal supply. Apparent authority outcome when the main’s earlier dealings or conduct and verbal exchangemake a 3rd social gathering to reasonably consider that the agent is equipped to do or act on thehabits of the foremost (Warren, 2004). In this certain case, they were no conversation betweenthe foremost and the supply corporation the James used to be licensed to obtain and sign any2 1. Clive , T., & John , T. (2013). Australian Commercial Law. Lawbook Company, 2013
LEGAL POSITION 4vegetation supply and there will not be tips that point out that the organization had deliveredcrops to Lilly court Villa. The nature as well because the natural responsibility of James aslandscape contractor does not make it sound or cheap for James to sign for the supply on Miller’saccount. For that reason, the supply enterprise lack credible declare to persuade James in signingthe supply on the behalf of the Miller’s. 3.1 apparent authorities.Typically the foremost could lack the authority to authorize exact transactions or to hold outquite a lot of responsibilities on behave of the principal, however a third get together wouldmoderately infer from the foremost’s conduct that the agent used to be authorized. By and large,a man or woman is just not held liable for the moves of an additional person except the characteris allowed to behave on his or behalf. An exception is the doctrine of “apparent authority that isprobably applied to restrict injustice from being propagated to the third social gathering (Koffler,2013). A mere statement that one is an agent isn't adequate to establish an company. A thirdcelebration has the duty to ascertain whether or not or no longer that any person claiming to bean agent has the authority to hold out a distinctive transaction or a certain motion on behalf of thefundamental. In a situation whereby the principal leads different men and women into believingthat one has the authority to carry a special action then, he or she will be sure via his conduct thatan agent in that given quandary must have almost always have the authority to do (Rasmusen,2001). To that end, James would argue that he must no longer be held responsible for thenegligence movements of the truck driver. The track driver failed to ascertain whether or notJames was once competent to acquire the burden of vegetation that have been presumed to havebeen ordered by means of the Millers. The lack of understanding of the truck driver to ascertainthe authority of James resulted in damages to his company and James ought not to be held inc3harge. In addition, James may just argue that the moves of the Millers of leaving ofcontracting him as their gardening contractor as good as leaving him with the keys lead the truckdriver to feel they was an company relationship. This factor the truck driver to consider thatJames had the authority to acquire, signal for supply of the plant load and transplant them to the3 Huffcut, E. (1999). Elements of the Law of Agency. Beard Books, 1999.
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