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Lennar purchase a sunscreen for her sister, Bella. Lennar had purchased the suns

ID: 387020 • Letter: L

Question

Lennar purchase a sunscreen for her sister, Bella. Lennar had purchased the sunscreen from Jessica, a sales representative for Whitening Laboratory.During the purchase, Lennar asked Jessica about the ingredients that put into the sunscreen. Jessica told Lennar that the Sunscreen contains only natural ingredients and nothing hazard. However, Whitening Laboratory put one ingredient that caused Bella skin become red and she also gets fever. Whitening Laboratory does not tell Jessica about all ingredients. For the agency and principle law, who is liable to Bella accident? Does Jessica, Whitening Laboratory, or both are liable. What is another outcome if Jessica also knows about the ingredient at the first place?

Explanation / Answer

In this specific condition, Whitening laboratory is liable for the specific condition.
As Jessica provided false information regarding the sunscreen, at the time of the specific information provision she was directly acting as an employee of the organisation.
In this specific situation Jessica is protected under 'respondeat superior' doctrine. As per the doctrine of "respondeat superior", an employer is legally responsible for all the actions of its employees.
As in the specific condition, Jessica was acting as a salesperson for the organisation and provided false information to Lennar causing Bella's skin to be read and she also got fever.
Whitening laboratory is liable.

If Jessica had already know about the ingredient, still Jessica is protected under 'respondeat superior' doctrine and the company could be liable for all of her acts. This would be a type of international misrepresentation which is done by an employee by operating and acting as an organisation directly putting liability on the parent organisation.

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