Abstract
Arnez is an agent of ABC Tire Corp, the company had hired him for the position of travelling sales representative. Anerz represented his employer and if he contracted it would bind them. Arnez hit Thomas’s tractor while speeding on his way from visiting a friend.ABC Tire Corp did not send him to that part of the state, and cannot pay Thomas for the damages due to the negligence of Arnez .He was carrying out personal errands when he was involved in the accident.
Arnez was an agent of ABC Tire Corp. According to Clarkson et al (2009), he was really employed by ABC Tire Corp as a travelling sales person (page 270). His work involved the solicitation of orders and servicing of customers within his assigned territory. Arnez was allocated a time frame within which he was expected to complete the work as well as a car to enable his travel. This shows that Anerz was hired and therefore an actual agent. Clarkson et al (2009) found that an employed person is an agent and has express or implied authority.
Owners represented his employer and if he contracted it would bind them (pg 658). Clarkson et al (2009) found that respondeat superior implies that the master is the respondent (pg 659). Elements; the principal who has hired the agent has to give an answer for any actions the employee/agent takes in the course of employment and to further the employer’s business. The employer can also decide to answer for the unauthorized actions of his employee.
Thomas and his family cannot hold ABC Tire Corp liable for the negligence of Arnez. ABC can take the stand that Arnez was not working for them when he was involved in the accident. He diverted from Tarry town –Austex highway and was visiting outside of the assigned territory on his authority, proving that he acted on his own. Arnez hit Thormas tractor with his personal car which he was using to conduct official duties which was contrary to the agreement. ABC has a better case because although Arnez was their agent, he hit Thomas’s tractor on personal errands that did not involve furtherance of the principle’s business.
Work Cited.
- Clarkson, K., Miller, R., Jentz, G. Cross,F.(2009) Business Law.
