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Unit 4 - Case Study Assignment Respond to the following scenario: Lance Nail hired Jimmie Limon to sell insurance for Texas Insurance Co. (TICO). Their

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Unit 4 - Case Study Assignment Respond to the following scenario: Lance Nail hired Jimmie Limon to sell insurance for Texas Insurance Co. ("TICO"). Their contract stated, "Nothing in this contract shall be construed as creating the relationship of employer and employee." The contract was terminable at will by either party. Limon financed his own office and staff, was paid according to performance, had no taxes withheld from his checks, and could legally sell the products of TICO's competitors. When Nail learned that Limon was simultaneously selling insurance for Louisiana Insurance Corp., one of TICO's fiercest competitors, Nail withheld client contact information from Limon that would have assisted his sales for TICO. Limon complained to Nail that withholding information was inhibiting his ability to sell insurance for TICO. Nail subsequently terminated their contract. Limon filed a suit in Texas state court against Nail and TICO. Limon claimed that he had lost sales for TICO and the resulting commissions as a result of Nail's withholding contact information from him. Using the information presented in Chapter 32, answer the following questions: 1. Who is the principal and who is the agent in this scenario? What type of agency relationship was formed? How was it formed? 2. What fact or set of facts would a court consider most important in determining whether Limon was an employee or an independent contractor? 3. Is the court more likely to find Limon was an employee or an independent contractor? Why? 4. One of the four duties that an agent is owed by virtue of an agency relationship was likely breached by the principal. Which duty was it and how was it breached? Explain your response

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