Friday, February 22, 2019
Business Law and Regulation Essay
If bloody shame damages a clients hair she would be held liable. According to our textbook, bloody shame would generate injury to the plaintiff. Mary was to provide a job of care to the customer. She breached this duty of care failure to exercise care or to act as reasonable soulfulness would act (Cheeseman, 2010, p. 81). The reason I state, that is because the customer swear Mary with their hair and she damaged the clients hair. As capacious as Celia and Mary register their boutique name with the United States power takeoff in Washington, DC, and the PTO approved it, there should not be any legal problems.If Celia and Mary decide to offer their time lag clients free practice of medicine downloads, they are asking for trouble. In the case of BMG Music v. Gonzalez, Gonzalez thought that as long as she was sampling the music she could leave it on her computing device without paying for it. That is not so. According to the courts, Gonzales had engaged in copyright misdemeanou r and Gonzalez had to pay $22,500 in damages to BMG (Cheeseman, 2010, p. 117).I would advise them making this commodious mistake unless they decide to pay for each download that they are providing to their waiting clients they could be breaking the law. There could be civil liability to Celia and Mary if one of their employees sexually harassed a customer. This falls under the nonperformance of an doer which states in negligence of an agent, the principal is responsible because of the employ handst charter with the agent.In other words, if an agent acts inattentively while being assiduous by the principal and is acting within the scope of the employment, the principal is as well as liable for the negligence of the agent, even though the principal did nothing negligent personally (Cheeseman, 2010, p. 474). If Celia and Mary tho hire men they could be aerated with sex discrimination. Sex discrimination is discrimination against a person whole because of his or her gender (Ch eeseman, 2010, p. 515). It would not matter how they hired whether they ere Independent contractors or employees. If Celia and Mary require the men when they are not selling, to do bloodline and clean up the boutique and they set their working hours they cannot be classified ad as independent contractors. The degree of control that the principal has over the agent is the crucial factor that determines whether someone is an independent contractor or an employee (Cheeseman, 2010, p. 481). Since Celia and Mary seem to have substantial control over their workers we would classify their alliance as an employer-employee relationship.In this case, they would not be able to pay them only on commission for sales they would have to add in an hourly rate as well. Again if Celia and Mary hire a person based on their age, race, color, or national origin they are aspect themselves up for a discrimination lawsuit. If they decide to only hire men who are qualified under the age of 40, they are committing age discrimination. get on with discrimination is the federal statute that prohibits age discrimination practices against employees who are 40 and older (Cheeseman, 2010, p. 521).
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