Question
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
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 legal action on behalf of Saldan's children against Organo Farm Corp., based onvicarious liabilityfor the actions of its president, as well as Hector.Hector has very few assets, but Organo has some very valuable equipment and farmland. Hector has admitted his actions and his personal liability. However, Organo is unwilling to admit liability, claiming Hector was not acting within the scope of his employment when he shot Saldan.
Outline thelegal issuesin this case andpresent arguments
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