BUS 311 Week 3 Discussion 2 | Assignment Help | Ashford University
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- 24 Jul 2020
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BUS 311 Week 3 Discussion 2 | Assignment Help | Ashford University
A Principal’s
Responsibility for the Actions of Their Agent
Karen is shopping at Big Mart. She
has with her an umbrella, which is the same brand Big Mart carries. When a Big
Mart employee, Steve, sees her leave with the umbrella without going through
the checkout lane, he asks her to come back into the store. Steve says that he
thinks Karen is shoplifting the umbrella. Karen tells him that she has had the
umbrella for years and shows him marks of wear and tear. Steve apologizes and
tells Karen she is free to go. Can Karen successfully sue for false
imprisonment or defamation? From what you have learned about the relationship
between a principal and an agent, analyze whether Steve or Big Mart could be
liable because of Steve’s actions.
Guided Response: Review your peer’s responses. For at least two of your
classmates, determine if your analysis of the facts is the same. Do you agree
with their assessment or do you see the issue differently? Explain. Respond to
at least two of your classmates’ posts by Day 7.
In this scenario, Karen would be able to sue Big Mart for
defamation. The scenario should provide additional information. If Steve said
that he thinks Karen is shoplifting while others are around and they heard him,
they she can sue her defamation. “Publication means simply that a third person,
someone other than the plaintiff or the defendant, saw or heard the statement”
(Roger, 2012). If third parties were involved then Karen would have grounds for
a case. The statement has to be factual and in this case it was as Steve said
from his own free will that he thought Karen had shoplifted the umbrella. If
Karen decides to sue, she will only have to prove that the claim was false
which can be easily done by proving that she had the umbrella before she walked
into the store.
An agency is the relationship between the agent and the principal. In this
scenario, Big Mart is the agency and Steve is a compensated agent, also known
as an employee. Because of Steve’s’ action, Big Mart will be liable if Karen decides
on legal actions. Steve should be performing duties under the agreement of the
agency when he was hired. If false accusations without sustainable proof go
against the hiring agreement, Big Mart can sue Steve for breach of contract.
Reference
Rogers, S. (2012). Essentials
of business law. Retrieved from https://content.ashford.edu/
USA 
India