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ColossalCorporation-StolenBreezersCase.pptxBusiness Law
Blue Mood Clothing Breezers’ Theft
Termination Of Alex Without Notice
Yes, the company can terminate Alex contract without notice.
Its because Alex is an at-will employee and has committed a gross misconduct - theft.
However, Alex ought to be given opportunity to be heard.
The opportunity is through a hearing.
Theft is a gross misconduct.
Therefore colossal can terminate the contract of Alex without notice.
Contract can be terminated without pay in lieu notice (Halbert & Ingulli, 2020).
However opportunity to be heard must be afforded.
If Alex, Nick, Bill Or Juanita Committed Any Crimes
Alex, Nick, Bill or Juanita are all interest parties in the case.
Alex yes committed various crimes such as stealing and impersonation.
He stole the breezers from the company without knowledge of the company.
Alex also impersonated as a sales agent of the company.
Impersonation was to enable him sale the stolen breezers.
Stealing and impersonation are all offences under the law (BRONI, 2010).
Nick has not committed any crime.
It is because he was not aware that goods he was selling were stolen.
Bill has committed a crime of defamation.
Its because he sends a false statement knowingly it was false regarding Nick to other employees (Siedel, 2017).
The false statement by bill exposes Nick to ridicule and contempt (Siedel, 2017).
Juanita has committed no crime.
From the above the main culprits are Bill and Alex.
Defenses That Can Be Alleged In Response To Crimes
There is no defense for Alex Nick and Juanita.
Bill can raise a defense of qualified privilege in organization setting (Luntz et al., 2017).
Bill would however need to prove he didn’t intend to commit his crime.
The crime in this context is sending emails to all employees that defamed someone else.
Any Intentional Torts Committed
An intentional tort is a civil wrong that is as a result of intentional act of an individual doing the mentioned civil wrong (Arbel & Mungan, 2019).
Such an individual is a tortfeasor
With regard to Alex, there is conversation and misinterpretation.
Conversation starts due to his act of taking breezers without permission
Additionally he pauses illegal ownership of the breezers
Misinterpreting occurs due to his intentional pose as a sales agent (Arbel & Mungan, 2019).
He faked to be a sales agent to be able to sell them.
Nick commits no tort
Bill commits the tort of libel (Arbel & Mungan, 2019).
It arises due to him, writing emails alleging that he is a thief knowingly it is false
The email is further sent to many people and defames him
Juanita has committed no theft
Nick is therefore free of any allegations of tort doing in the company
We hold Bill liable of intentional libel according to the existing laws.
Pausing as sales agent also amount to intentional personification and is contrary also to the law.
Defenses That Can Be Alleged In Response To Torts
The parties can raise no defense
Bill can raise the defense of qualified privilege
Bill however cannot simply raise the defense without sweating for it
He must prove beyond any doubt that he didn’t do it intentionally.
Collection of damages done
Colossal corporation can collect the damages
The following are types of damages that can be collected:
Special damages
General damages
Punitive damages (Luntz et al., 2017).
The damages can be collected at once
They can also be collected in bits depending on the ability to pay by the person to pay the damages
In this case Alex is to pay the damages
Nick can collect damages which are special and general damages types
The damages are to be collected from, Alex
Therefore, means that Alex must meet the damages for the two parties described above
It is due to the culpability extent by Alex
Bill can also pay for the damages in the case
He can be ordered to pay damages to Nick
The orders to pay can be issued only by a court of law hearing the case.
It depends on criminal culpability of bill (Halbert & Ingulli, 2020).
The damages are to be paid top nick
Its in order to deter him from further issuing defamatory statement about nick
The defamatory remarks cause reputation and character damage and injury to nick’s perception (Siedel, 2017).
To prevent them therefore damages, must be paid to serve justice as well.
Juanita is also another character who can collect damages
Juanita can collect damages from Alex
Meaning Alex has to provide damages to many people since he is the main culprit here (Siedel, 2017).
Stealing by Alex makes him a person of such a huge interest in case
Alex is of interest a lot due to the damages he is paying to various parties as mentioned above.
Juanita is to be awarded punitive damages as against Alex.
Depending on the court’s ruling other types of damages could still be awarded to Juanita.
Conclusion
Alex contract can be terminated without notice but with a fair hearing
Various crimes are committed such as stealing by Alex
Various defenses can be raised such as qualified privilege by Bill
Various types of damages to be paid include special damages, general damage and punitive damages
References
Halbert, T., & Ingulli, E. (2020). Law and ethics in the business environment. Cengage Learning.
BRONI, J. V. G. (2010, August). Ethical dimensions in the conduct of business: business ethics, corporate social responsibility and the law. The" ethics in business" as a sense of business ethics.". In International Conference On Applied Economics–ICOAE (p. 795).
Siedel, G. (2017). Leadership Competencies for Business Lawyers: Using a Framework that Links Strategy, Law, and Ethics. Business Law Today, 1-5.
Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G., & Harder, S. (2017). Torts: cases and commentary. Chatswood: LexisNexis Butterworths.
Arbel, Y. A., & Mungan, M. (2019). The Case Against Expanding Defamation Law. Ala. L. Rev., 71, 453.
