Paper type: Analysis Pages: 4 (941 words)
Diaz v. Carcamo Legal Analysis The case of Diaz, v. Jose Carcamo. Diaz was injured rather seriously after being struck by an automobile that forced its way into the middle lane after being hit or colliding with a truck driven by driver Jose Carcamo, he works for Sugar Transporting Company. The female driver states she was not liable for hitting Diaz and causing a bad accident and that Jose Carcamo’s employer should take full responsibility and liability for the negligence in the hiring Jose Carcamo because of his bad driving history and accidents he has caused in the past.
Principal Agency Relationships By using the Principal agency relationships as a guideline; this is when one individual legally makes someone to act on their behalf and should not have a conflict of interest in handling this act. This is where that individual acts solely on their behalf of the principal (Green 2011). This relationship between the agent and principal can be contractual, it states that the agent works under directions of the employer, however, they can make a contract with other parties as well.
When there is an employee working under them whom operates directives from directly the agent on behalf of the employer or if the relationship is as an independent contractor, this can mean that the employer is not held liable for the actions of that contractor Agent relationships, the agent can perform a transaction for the employer (Laffont, &Martimort, 2009). The agent also can alter the relationship between the principal and the other person. The principal can control the relationship with the third person by limiting the authority of the general agent. The relationship between Jose Carcamo and Sugar Transport was created through and contractual agreement; Jose Carcamo was hired by Sugar Transport because he met all the general skills for the job that was required. When a business hires someone, it is their responsibility to do a thorough backgrounds check of the candidate that they are hiring. By conducting a full background check on Jose Carcamo, Sugar Transport would have known that his driving record was fairly poor, and he was involved in an accident before because of the way he drives. If they would have done the correct checks on a future employee. When Sugar Transport hired him, the company took full responsibility for Jose Carcamo action and his performances while working for Sugar Transport as a driver. Plan of Action A course of action which should be taken due to the condition of the lawsuit are as follows, the first thing is that Sugar Transport Company can do is appeal the charges that are filed against them. Sugar Transport Company was negligent for hiring Jose Carcamo because of his terrible driving record and he has been charged with reckless driving in the past. The court states that Sugar Transport was not responsible for Jose Carcamo driving record before the company hiring him, with the Sugar Transport not doing the correct thing, should take the accountability for actions regarding their employee/driver Jose Carcamo. Sugar Transport Company can also claim that they should only be liable for any employee’s actions when it is within the place of work. The company still should appeal and have the court to try to overturn the judgment as being liable for their employees actions. The Role of the Sugar Transport Human Resources department In the hiring of an employee, The Sugar Transport Human Resources department have the most important responsibility in hiring Jose Carcamo. Sugar Transport Human Resources department are the one that set the guidelines and the standard qualification for the applicants that they want to hire for the positions of the company (Moran, 2008). The Human Resources team needs to make sure that a complete background check is done on all employees and this will be the best way to make sure that they meet all the criteria for the job. Making sure that they are ensuring that the applicants are fully aware that they will be doing a full check, advising them it may take a few days, sometimes even months. The company to make sure the employees are signing and consenting to this. If they choose to decline, then their application should be placed in a file set away. If this doesn’t happen it can cause some serious problems down the line for Sugar Transport Company, especially if the checks of an employee are received later after they have been hired, or the set time for them to start work. This should be solely a conditional job offer, which is to ensure that all background checks have come back clear. It is also the employee responsibility to disclose any information about their past work history (Speiser, Krause, &Gans, 2003). In the case of Jose Carcamo with his negligence driving record played a very big role after he caused an accident when working for Sugar Transport Company. The event that Jose Carcamo was involved in definitely caused extreme and lifelong injuries to Diaz in the accident. Sugar Transport Company is responsible, and liable for carelessly hiring and keeping employees that may jeopardize the lives of others, including their fellow employees. Conclusion In the case of Diaz, v. Jose Carcamo, Diaz was badly injured after being hit by a car that resulted in it being forced into the middle lane after hitting or colliding with a truck, driven by the operator Jose Carcamo, whom works for Sugar Transporting Company. California Supreme Court concludes that Sugar Transporting Company is responsible, and liable for the injuries that have occurred because of Jose Carcamo’s careless driving under the employment of Sugar Transporting Company.
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Diaz v Carcamo Legal Analysis The case of Diaz v Jose Carcamo. (2019, Aug 20). Retrieved from https://studymoose.com/diaz-v-carcamo-legal-analysis-the-case-of-diaz-v-jose-carcamo-essay