Since no evidence was provided to support the jury`s conclusion that VSC took all, let alone reasonable, steps to protect the confidentiality of its client list, an essential condition of trade secrecy was not met. The Tribunal would have granted the applicants` request in J.n.o.v. The agent is most often a person capable of understanding and performing the task assigned by the client. Common examples of the relationship between the senior agent are the hiring of a contractor to complete a home repair, the retention of a lawyer for legal work, or the invitation to an investment advisor to diversify a portfolio of shares. In each scenario, the client is the person seeking the service or advice of a professional, while the agent is the man of the trade who performs the work. A principle-agent relationship is often defined in formal terms described in a contract. For example, when an investor buys shares in an index fund, he is the client and the fund manager becomes his agent. As an agent, the index fund manager must manage the fund made up of the assets of many investors in a way that maximizes returns for a certain level of risk, in accordance with the Fund`s prospectus. In this regard, VSC has not taken steps to maintain the confidentiality of its client list. The information concerned both computers and was not password protected. In addition, the technicians had the same information about repair orders that they could keep indefinitely, while Bacon was working there. Staff were not informed that the information was confidential. Neither Bacon nor Johnson was required to sign a confidentiality agreement in connection with its activities.
About a year after leaving VSC, Bacon Johnson and another VSC employee made a job offer at his new Volvo workshop, which was about to open. Bacon and Johnson did a lot of service, and the client list was used to send flyers to some VSC customers who lived near the new business location. These activities were the basis of the VSC action against Bacon, Johnson, and their new store, SGVS…. We are now convinced that mental or nerve injuries caused by psychological trauma can be compensated to the same extent as personal injury. This provision is based on two considerations. First, as the psychiatric testimony found, there is nothing in the nature of a stress or shock situation that orders physical rather than psychological injuries. The decisive factor is the particular vulnerability of an individual by his physical composition. In a given situation, one person may be prone to a heart attack, while another may experience a depressive reaction. In both cases, the result is the same – the person is not able to function properly because of an accident and should be compensated under the Workers` Compensation Act.
In this chapter, we will look at the main side of the triangle agent. In the next chapter, we will discuss relationships with third parties. Agency law does not exist in a vacuum and is influenced by changes in business law, contracts and contracts. Agency is a subset of these legal areas that is used to describe a particular relationship between individuals for whom the agent is authorized to act on behalf of a client. Subsequently, Microsoft argues that the [work contracts] signed by the applicants do not allow them to participate in the CEPP. First, the label used in the instruments signed by the applicants does not have a control title for their employment status. Second, employment instruments, if interpreted to exclude applicants from PSP benefits, would be at odds with the explicit inclusion of p. 423 of the plan. Although Microsoft generally intends to exclude persons who were in fact independent contractors, it could not exclude applicants, in accordance with its express intention to extend its participation in the PPB to all common law staff. Such an exclusion would even nullify the objective of including S. 423 in the plan,