Frances Martin was employed by Chemical-Cosmetics Distributor to sell its products in a defined territory on a commission basis. Martin was not subject to strict hours of work, but signed a devotion to business agreement with Chemical-Cosmetics Distributor whereby she agreed to devote her time to the sale of their products, subject to her to sell other non-competing lines of goods, provided that they did not interfere with her promotion of those Chemical-Cosmetics Distributors. Under the terms of agreement she was required to visit each retail outlet in her territory at least once a month and sales of each establishment to Chemical-Cosmetics Distributors.
One day Martin was travelling along a country road in her automobile en route to a retail customer of Chemical-Cosmetics Distributors when a young man on a bicycle suddenly appeared in front of her car. She attempted to brake the car, but could not do so in time to avoid a collision. The young man was seriously injured as a result of the accident and, sometime later, brought an action for damages against Martin and Chemical-Cosmetics Distributors. Evidence of the police officer, who investigated the accident, indicted that the accident was largely the fault of Martin.
Discuss the nature of the relationship between Martin and Chemical-Cosmetic and advise Chemical-Cosmetics Distributors of their liability (if any) in this case and indicate how they matter might be decided by the court.
Summary: This question belongs to employment law and discusses about nature of the relationship between Martin and Chemical-Cosmetic based on the given events in the case study.
Total word count: 435
Download Full Solution