Club Pro Golf Products was a distributor of golf products. It employed salesmen

Question

Club Pro Golf Products was a distributor of golf products. It employed salesmen who called on customers to take orders for merchandise. The merchandise was sent by Club Pro directly to the purchaser and payment was made by the purchaser directly to Club Pro. A salesman for Club Pro, Carl Gude, transmitted orders for certain merchandise to Club Pro for delivery to several fictitious purchasers. Club Pro sent the merchandise to the fictitious purchasers at the fictitious addresses where it was picked up by Gude.  Gude then sold the merchandise, worth approximately $19,000, directly to Simpson, a golf pro at a golf club.  Gude then retained the proceeds of sale for himself.  

Answer the following questions by clicking on Write Submission. Do NOT use the Comments box.

1. Does Club Pro have legal recourse against Simpson? Explain why or why not.
2. Does Club Pro have legal recourse against Gude? Explain why or why not.
3. Be sure you explain your answers using the legal rules you learned with regard to "title."

Club Pro Golf Products was a distributor of golf products. It employed salesmen who called on customers to take orders for merchandise. The merchandise was sent by Club Pro directly to the purchaser and payment was made by the purchaser directly to Club Pro. A salesman for Club Pro, Carl Gude, transmitted orders for certain merchandise to Club Pro for delivery to several fictitious purchasers. Club Pro sent the merchandise to the fictitious purchasers at the fictitious addresses where it was picked up by Gude.  Gude then sold the merchandise, worth approximately $19,000, directly to Simpson, a golf pro at a golf club.  Gude then retained the proceeds of sale for himself.  

Explanation / Answer

1. Simpson cannot be considered as liable for this situation. The employee Mr. G has utilized his job position to merchandize the products to the fictitious customers or to the fictitious address. This activity of Mr. G is for his personal benefits and the organization Simpson has no part in his illegal business. The law for business practices is different in different countries. As per the California fictitious law the organization pro golf don’t have any legal resource against the Simpson.

2. Mr. G can be considered as liable for his fictitious business proceedings which have been conducted for his personal gain. He has given the fictitious address of Simpson and the merchandise also has sent to the delivery address. This can cause bad image or loss for the organization and hence the organizations have legal resource against Mr. G

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