Business Law Agency or Principal Agent Relationship Essay
CSUN Business Law Agency or Principal Agent Relationship Essay
Marsha drove a truck, made routine deliveries, and undertook other driving responsibilities for Pukaberry Farms. She was responsible for maintaining her own operator casualty insurance, paying for any traffic tickets she might receive while operating a Farms vehicle, and being available “on call” for driving assignments, both on weekdays and weekends. When “on call,” Marsha had the right to refuse any Farms assignment and to drive for other companies, which she did on occasion. One weekend, Marsha was called by Farms to drive to Finleytown. She agreed to the assignment. Marsha’s instructions were “to proceed due west by way of Cootztown where she was to remain overnight.” Also, she was specifically told not to smoke while in the Farms’ truck.
The next day, Marsha drove the Farms’ truck towards Cootztown by way of Rockville, where she conducted some personal business. From Rockville, she proceeded directly toward Cootztown. Before arriving at Cootztown, Marsha stopped at a gas station to fill the truck with gasoline and get a pack of cigarettes. She purchased the cigarettes and was smoking one while standing in the parking lot of the station. Before returning to the truck, she attempted to extinguish the lit cigarette against the side of a large steel container. Unfortunately, the container held a flammable liquid and ignited, causing a fire and serious damage to the property.
QUESTION:
Assuming that Marsha was negligent in extinguishing her cigarette, discuss whether Farms may be vicariously liable for the resultant damage to the gas station.
Write an essay response in form of an IRAC. Follow the instructions below:
Answer fully and clearly. Answers consist of identifying the issues, analyzing the facts and applying law to the facts. Mere conclusions are not enough and may receive no credit.
Use essay format that incorporate IRAC method.
Discuss the issues involved, the applicable legal rules, an application of the law to the facts.
Discuss all issues. Some essay questions have more than one issue.
An overall structure of answers to essay questions is as follows:
Discuss the issue(s)
Define and discuss any principles of law, legal theories, etc., relevant to the question.
Fully apply the given facts to the legal principles on which you rely. Do not ignore any facts, even if they do not support your conclusions. Do not assume that I know that you know something – tell me in your exam what you know, defining every legal term used.
The actual conclusions you reach could be the least important part of your answer – but you must base your conclusions on complete and intelligent applications of the facts to the legal principles involved.
Format
1. Agency
A issue
B rule
C application
D conclusion
2. Authority
A issue
B rule
C application
D conclusion
3 vicarious liability
A issue
B rule
C application
D conclusion
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