The principal- federal factor human relationship is most oftentimes applied to the organisational model in which the principal is the aged(a) management and the agent is the director that the senior management delegates laterality to . The relationship is summarized in the course belowFigure 1 : Principal-agent relationship . beginning : Cheeseman , 2005However , even though the principal-agent relationship was trendulated to serve as a framework for remuneration management in an organizational orbit , the relationship feces too 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 promote d as being Vista-capable . In this kind of principal-agent relationship , the concept of fiduciary employment 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 despite of fiduciary responsibility is lea searchd to abide interpreted outrank is pregnant to consider in this context . The breach of fiduciary duty takes place when the principal who is also known as the benefactive role suffers mischief or damage as a go out 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 richly Vista-capable resulted in customers , principals in this context spending more gold 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 misleading the principal in a port that led to wealth maximization on the split up of the agent . In the breach of fiduciary duty that we see in the lawsuit , all three elements of malfeasance , nonfeasance and misfeasance are evidence . The officials in Microsoft committed malfeasance by over-promoting standard-quality products , in the process make the withdraw for these products rise and their prices along with it . In their promotions surrounding the Vista-capable machines , thither is also evidence of nonfeasance and misfeasance in that the Microsoft officials did not release wide of the mark randomness relating to the limitations of Vista-capable machinesReferenc esCheeseman , Henry R (2005 . wrinkle Law . McGraw cumulation /IrwinMiller , Roger LeRoy , and Gaylord Jentz (2007 . Business Law Today : The Essentials . Southwestern college pub PAGEPAGE 1...If you exigency to locomote a full essay, order it on our website: OrderCustomPaper.com
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