Case 2

Janet and Jared had a partnership providing book keeping services to local business under the name of J&J Accounting. Jared had recently incurred some large gambling expenses and owned Elsie, his bookie, a considerable amount of money. Jared offered to work off his debts by providing bookkeeping services to Elsie's legitimate business in the evening and on weekends. Things were working out until Jared made an error in his calculations on Elsie's accounts, which cost her $15,000 to correct.

Elsie called Janet and told her that she would bring an action against J&J Accounting to recover the money that Jared's negligent bookkeeping had cost under Janet paid her right away. " talk to that jerk Jared, it has nothing to do with me!" is all Janet responded to Elsie before slamming the phone down. Elsie sued Janet and Jared as partners of J&J.

Outline and explain the legal implications of this fact situation for Janet and Jared.

Case 3:

Saldan was an employee of Organo Farm Corp. Organo owned and operated a 200-hectare farm and allowed Saldan to harvest soybeans from the fields. Saldan would pay the corporation a certain price per kilo. Hector, the president of Organo, had become unhappy with the price per kilo that Saldan was paying and the two of them got into a heated argument over the money. Hector had taken to carrying a gun to scare off rabbits from the fields and in the heat of the argument, he took out the gun and shot Saldan, who died from his wounds (these cases are taking a rather dark turn, it seems)

The executor of Saldan's estate brought a legal action on behalf of Saldan's children against Organo Farm Corp. based on vicarious liablility for the actions of its presidents, as well as Hector. Hector has very few assets but Organo has some very valuable equipment and the farmland. Hector has admitted his actions and his personal liability but Organo is not willing to admit liability, claiming Hector was not acting within the scope of his employment when he shot Saldan.

Outline the legal issues in this case and present arguments on behalf of the following: (LO 3.1, 3.2, 8.2, 10.1, 10.5, 10.6)

a. The executor of Saldan's estate; and

b. Organo Farm Corp

reference

according the Canadian Business Law Textbook, chapter 10