A website developer solicited "company" to develop web presence and requested 50% of quote. A bank to bank ACH transfer of funds were transferred to requesting party. Two three weeks in a request for an update resulted in non communication and the group stop taking call without explanation thus we threatened a legal action to no avail. Company contacted landlord informed a fraud has taken place and continue to take place by its tenet. Clear evidence was shown and a non response from the landlord and the ongoing tenancy lead to a claim against the landlord of vicarious liability. Is this a potential legal case?
Foot note: the Fraud was carried out by seedless.media located in Arizona the bank account of the company is in Texas, and has a Agent of Service in Texas
That is a very creative legal theory. There are some cases where vicarious liability works, but unfortunately, I don’t think this theory is strong in this instance. An overly simplified definition is when a principal has control over and/or directs its agent’s actions (e.g., an employer tells his HR chief to avoid hiring “those people”). The HR chief carries out the discriminatory hiring process, but it was being done at the behest of the company—hence, the company is liable.
In your question, you’d likely be required to show landlord exercises control over the tenant in a manner where the landlord is directing the tenant to rip off customers. That’s quite unlikely.
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