The acting manager acted beyond the powers that have been conferred on him (ultra vires). The manager was to act only within the power that has been given by the statutes of the organization. He must also recognize the limit imposed on them by the status. This act would also attract legal remedies. American legal remedies have three critical remedies and include;
Money payment to the affected person (damage) if the 6 employees went on strike the company would have lost money and reputation.
Another remedy is equity – the injunction is a type of equity remedy as a specific performance in which someone who enters into contract is forced to execute whatever promises has been reneged upon.
As common law, damages are into actual damages and punitive damages. Actual damages are further divided into special damages which are economic losses such as loss of earning and property damage and non-economic damages like pain and suffering and emotional distress.
Breach of contract (ex contractu)
If the two employees (Sam and Dan) incited 4 other employees and didn’t report to work on the busy day the company would have lost ($ 10,000) resulting into economic losses (special damages) sueable in the court of law. The employer had all the right to take them to court, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises. Expectation measure or benefit-of-the-bargain measure of the damages as a result of loss of money from the function due to non-delivery of flower were also likely to be spoilt being perishable goods making the company to lose $10000.
The employer would have suffered hedonic damages, compensate the claim for the non-monetary aspects of the specific harm suffered. James would have suffered emotional pain as a result of economic and loss of company reputation.
Compensatory damages are paid to compensate claimant for loss and in this scenario, it is the employer, James who would have sued the six employees together with the manager for having contributed to the loss of $10000 (ten thousand dollars). Furthermore, the name of the company would have been tarnished due to the workers negligence of duties whereby the four orders of weddings would not be delivered due to their responsibilities then held responsible in the court of law.
If one is an employee of an organization. It’s good for them to understand and know their rights. An employee should comply with various legal requirement related to their working conditions and other minimum conditions of employment. Employee may be forced to comply if they don’t meet these obligations.
This is law established by the outcome of a former case. It can also be defined as jurisprudence, which is based on judicial precedent, e.g. for our case judgment can be based on previous judgment on other cases. There are many famous…