Law Assignment 10

Prepare a written response in essay form to each of the following two case studies.

1. Aker has been Potter’s sales agent for twenty years and has dealt with about 200 customers during that time. In 2008 Potter fires Aker, terminating the agency. None of the 200 customers have heard about the termination. What steps must Potter take to protect himself from potential liability from customers and Aker?

In this case Potter must send a notice of termination to each of its customers. Potter needs to do so either verbally or via written notice (Cheeseman 496). Each one of the 200 customers who use or have used the agency with Aker as their sales agent must be notified of the change in status to avoid liability.

If the case is the agency in its entirety has been terminated, then Potter must also off Aker the ability to collect unemployment compensation. According to laws of unemployment compensation Aker is eligible provided he has not been let go because of bad conduct (Cheeseman 523).

2. Pete Principal instructs Al Agent, his employee, to repossess some property owned by Ted Turner. Al knows that the repossession is illegal but performs it any way. Please prepare a written discussion on all aspects of the potential liability in this case. Consider in your essay Agency Law and the right of third parties. Also demonstrate your understanding of the relationship between the principal and the agent and the authority conferred upon the agent by the principal.

Al agent is an employee of Peter Principal under the employee-employer relationship, which exists when an employer hires an employee to perform some form of physical service (Cheeseman 488). Under duty to perform, Al is required to perform the lawful duties expresses in the contract. Al was performing a duty requested by his employer Pete. Under tortious conduct a principal and an agent are each personally liable for their own tortious conduct (Cheeseman 503). Given this Pete and Al are both...