Business Law and Agency

High School ・Business ・APA ・2 Sources

An agent and the agency relationship

An agent is a person that has been hired to play the function or stand in for someone else in dealing with a third party. The person being represented is most times the principal or initiator and the relationship between them is referred to as the agency relationship. An agent holds the role or function of accountability facing the principal to deliver in the best interests of the principal and restrain from following their own interests pre the principal’s.

Liability of Empire Courier Service

Considering the case study provided, an employer-employee relationship exists between Dave and Empire Courier Service as his hirer where Dave owns an explicit power as he understands exactly what the employer requires of him on a daily basis.

Empire Courier Service is liable for Dave's negligence in causing the accident as a result of the principle of respondeat superior which is an example of vicarious liability. Considering an employer-employee relationship exists between Dave and his employer, the company is liable for the negligent actions that are caused by Dave during the term of his employment. The employer will be held liable for Dave’s negligent actions in causing the car accident as this occurred while he was carrying his responsibilities on behalf of his employer, Empire Courier Service (Cornell, 2018). The principal in this case, Empire Courier Service, also has the duty or responsibility of vetting potential candidates before giving them positions of employment. The organization’s actions of failing to carry criminal background checks before hiring employees makes them liable as well to the negligent actions conducted by the employee during the course of their duty. This means that if they had carried out a thorough evaluation of Dave before hiring him, they would have realized that he has had prior criminal charges as a result of a fistfight with one of his former colleagues. Dave is also liable as he knowingly caused the accident resulting in injuries to Victor who was driving the other vehicle. He might have done it knowingly as he knew he was on duty while the accident was happening and that the employer would be held liable for this. The company’s insurance will cover for the damages incurred as a result of the accident caused by Dave.

Dave's intentional tort for punching Victor

In relation to Dave’s intentional tort for punching Victor, Dave would be held liable for this action. An individual is always the one who is primarily liable for their own torts. In this case, Dave is liable for punching Victor and in this case he may be forced to pay Empire Courier Service for the damages that they were made to pay relating to Victor. This would be the case as the management of Empire Courier Service did not authorize any form of wrong conduct by Dave. In addition to this, Dave is liable for punching Victor as he intentionally wanted to cause harm to Victor. The action of punching Victor is outside the scope of what is expected of an employee while carrying out deliveries and so it will be easier for the employer not to be held liable for Dave’s action of punching Victor (Larson, 2017).

Empire Courier Service's potential liability

However, to a small extent, it can also be argued that Empire Courier Service should also be held liable for Dave’s wrongful conduct evidenced in punching Victor. This is because, as aforementioned, they neglected their responsibility of carrying out background checks of their employees from which they would have realized that Dave has had previous cases of violent behavior.


Cornell Law School. (n.d.). Respondeat Superior. Retrieved January 7, 2018, from
Larson, A. (2017, September 6). Principals, Agents and Tort Liability. Retrieved January 7, 2018, from

Get a price
Academic level
Pages *275 words
Total price
$ 0 .00
$ 0 .00

Prices that are easy on your wallet

Our experts are ready to do an excellent job starting at $14.99 per page

What Clients Say About Us
Our Customers Rated UsGreat
Out of 5 Based on 357 Reviews
I experienced difficult times trying to complete huge number of assignments to my university at the same time and you, guys, literally saved me. Everything was done in time and on the highest level! I really appreciate your help.
Essay, History, 12 pages, 7 days, Master's
First time when I placed an order with you, I just lacked time to do all the homework and it was a lot going on in my family. But today I’m doing it sometimes just for fun – I really enjoy communicating with your Customer Support members and just letting myself being a bit lazy
Yuong Lo Mui,
Literature review, IT, 17 pages, 4 days, Master's
My GPA is 4.0 and I’ve always been doing everything myself, but there is a class which I was about to fail thus my GPA would decrease first time in so many years. I ordered few assignments to be completed with and you did a great job! Thanks to you I still remain one of the best students on campus.
Essay, Politics, 8 pages, 5 days, Junior
I am not used to such services and I usually write all the papers by myself. But this time I got in a very difficult situation and had to order my paper on this website. To my surprise it appeared to be quite good. Thank you, it is really nice service. Think I'll get back to you soon!
Thesis, Management, 34 pages, 14 days, Master's
I am on my maternity leave now, so I spend a lot of time at home taking care of my little son. I’ve decided to get one more higher education degree while I’m spending so much time at home and applied for distance learning in one online college. But caring a baby takes even more time then I excepted so I’m the way too busy to write the complicated masters level research works, but is so-so-so cool! Thank you for that you exist! I don’t know what I would do without you all!
Essay, Education, 15 pages, 8 days, Master's
I am studying and working at the same time and it is difficult to cope with university assignments as I am very tired after the work day. You service is a salvation for me as it helps to do everything on time. I am really happy about it. Wish you everything the best! Especially my lovely writer 109!
Coursework, Religion, 11 pages, 7 days, Master's

We at

work according to the General Data Protection Regulation (GDPR), which means you have the control over your personal data. All payment transactions go through a secure online payment system, thus your Billing information is not stored, saved or available to the Company in any way. Additionally, we guarantee confidentiality and anonymity all throughout your cooperation with our Company.

Try our service with 15% Discount for your first order!   Try our service with 15% Discount for your first order!   Try our service with 15% Discount for your first order!  

Order Now