The point- federal factor human being blood is most practic onlyy applied to the organisational sit down in which the principal sum is the superior focusing and the doer is the theater director that the senior management delegates dictum to . The relationship is summarized in the turn tail belowFigure 1 : Principal- constituent relationship . obtain : Cheeseman , 2005However , even though the principal- mover relationship was trendulated to serve as a framework for remuneration management in an organizational background knowledge , the relationship feces withal exist outside of an organizational setting (cited in miller Jentz , 2007 . The law-suit against Microsoft is a case in point p The agent works for the principal . In the drive against Microsoft the agent is Microsoft and the principal is the customer who bought the machine that Microsoft assistd as being Vista-capable . In this grade of principal-agent relationship , the concept of fiduciary tariff becomes germane(predicate) because Microsoft as the agent has the fiduciary responsibility of ensuring that its actions do not harm the interests of the principal The question of when a oversight of fiduciary responsibility is lea appeard to deport interpreted outrank is all important(predicate) to consider in this mise en scene . The jailbreak of fiduciary responsibility takes place when the principal who is in any case known as the beneficiary suffers mischief or damage as a upshot of actions taken by the agent . This is clearly applicable in the lawsuit as Microsoft s actions to promote Vista-capable machines which were not actually integraly Vista-capable resulted in customers , principals in this context of use spending more money than they would have if they had not been influenced by Microsoft s promotional campaigns .
Therefore , a breach of fiduciary duty has taken place in the form of the agent lead the principal in a port that led to riches maximization on the pop of the agent . In the breach of fiduciary duty that we see in the lawsuit , all three elements of malfeasance , nonfeasance and misfeasance are surrender . The officials in Microsoft committed malfeasance by over-promoting standard-quality products , in the process making the withdraw for these products rise and their prices on with it . In their promotions surrounding the Vista-capable machines , at that place is also evidence of nonfeasance and misfeasance in that the Microsoft officials did not release proficient randomness relating to the limitations of Vista-capable machinesReferencesCheeseman , Henry R (2005 . wrinkle Law . McGraw cumulus /IrwinMiller , Roger LeRoy , and Gaylord Jentz (2007 . Business Law instantly : The Essentials . Southwestern college pub PAGEPAGE 1...If you pauperism to locomote a full essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment