Question
Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. He's been at his job
Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. He's been at his job six months and feels comfortable in his position, although he is still learning. There are only two people in his office - himself and his manager, Sally. One Friday, Sally stayed home sick because of a flu. Mike still attended work, as he had a lot of paperwork to get complete. In the middle of the day, Johnson, a customer from a large plumbing firm, walks in. He tells Mike that he needs to purchase supplies for a water fountain installation and asks Mike for a recommendation.
Mike recommends materials that later turn out to be inadequate for the job. Over the weekend, the materials were installed and later caused a leak, causing serious water damage in the foyer of an office building.
Answer the following questions:
3. Explicitly referencing each of the elements of negligence, discuss if you think that Mike was negligent in this scenario. In addition, you should discuss if Johnson being from a large plumbing firm makes a difference in whether or not Mike was negligent.
4. Assuming that negligence did indeed happen, is Sally liable for Mike's negligence? Explain.
5. If the answer to 4 is yes, are Sally's personal assets at risk? Explain.
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