Friday, May 17, 2019

Business Law and Regulation Essay

If bloody shame damages a customers hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a certificate of indebtedness of care to the customer. She breached this duty of care failure to exercise care or to act as rational person would act (Cheeseman, 2010, p. 81). The reason I state, that is because the customer trusted Mary with their hair and she damaged the clients hair. As long as Celia and Mary register their boutique name with the United States power takeoff in Washington, DC, and the PTO approved it, there should not be any legal problems.If Celia and Mary find out to offer their waiting clients free music downloads, they are asking for trouble. In the case of BMG Music v. Gonzalez, Gonzalez plan that as long as she was sampling the music she could leave it on her computer without paying for it. That is not so. According to the courts, Gonzales had engaged in copyright infringement and Gonzalez had to pay $22,500 in damages to BMG (Cheeseman, 2010, p. 117).I would propose them making this huge mistake unless they decide to pay for each download that they are providing to their waiting clients they could be breaking the law. There could be civil liability to Celia and Mary if one of their employees sexually harassed a customer. This falls under the negligence of an agent which states in negligence of an agent, the principal is responsible because of the employment father with the agent.In other words, if an agent acts negligently while being employed by the principal and is performing within the scope of the employment, the principal is also liable for the negligence of the agent, even though the principal did slide fastener negligent personally (Cheeseman, 2010, p. 474). If Celia and Mary just hire men they could be charged with sex disagreement. charge up discrimination is discrimination against a person solely because of his or her gender (Cheeseman, 2010, p. 515). It would not matter how they leased whether they ere Independent contractors or employees. If Celia and Mary require the men when they are not selling, to do inventory and brisk up the boutique and they set their working hours they cannot be classified as independent contractors. The degree of swear that the principal has over the agent is the crucial factor that determines whether someone is an independent contractor or an employee (Cheeseman, 2010, p. 481). Since Celia and Mary seem to have substantial control over their workers we would classify their relationship as an employer-employee relationship.In this case, they would not be able to pay them only on commission for sales they would have to add in an hourly rate as well. Again if Celia and Mary hire a person based on their age, race, color, or national origin they are setting themselves up for a discrimination lawsuit. If they decide to only hire men who are qualified under the age of 40, they are committing age discrimination. Age discrimination is the federal statute that prohibits age discrimination practices against employees who are 40 and older (Cheeseman, 2010, p. 521).

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