Rally Round the Trade Name

Assessment #4 “Bait and Switch”

Gene Naroditsky

Professor Phil Campos

LEG 500: Law, Ethics, and Corporate Governance

Strayer University

February 26, 2012

Abstract

Bait and switch is an illegal tactic in which a seller advertises a product with the intention of persuading customers to purchase a more expensive product. When a seller uses this tactic, they frequently tell the customer that the original product is sold out or no longer available (even if the product is indeed still available), and push hard for the customer to purchase the costlier product. This tactic can be considered false advertising if the seller is not actually providing the original product, but if the item is available but the seller strongly encourages the customer towards another item; in general no legal action can be taken. 

1. Explain whether Jake’s actions are in or out of “his scope of employment.”

The relationship between the employer and employees determines to a great extent the success of a business. The employee owes his loyalty and obedience to his employer. He has to be honest to his employer and must give his best performing his job tasks because he is bound by the contract that he would enter with employer at the time of the hire. An employee is expected to follow all lawful and clearly given instructions of his employer and deviation or dereliction of duty could bring the disciplinary actions against employee or even sometimes could be punishable under law as well. So the employee is bound by the rules and regulations at his work place and is liable for a penalty or punishment in case of violation of his or her contractual responsibilities.

On the other hand the employer is also bound to provide certain conditions at the work place; to act fairly with the employees, to be clear in providing the instructions and directions to his employees; otherwise there is a possibility for the employee committing errors in their work. Thus both the employer and the employee...