Saldan was an employee of Organo Farm Corp. Organo owned and operated a 200-hectare farm
and allowed Saldan to harvest soybeans from the fields. Saldan would pay the corporation a certain price
per kilo. Hector, the president of Organo, had become unhappy with the price per kilo that Saldan was
paying and the two of them got into a heated argument over the money. Hector had taken to carrying a
gun to scare off rabbits from the fields and, in the heat of the argument, he took out the gun and shot
Saldan, who died from his wounds (these cases are taking a rather dark turn it seems).
The executor of Saldan’s estate brought a legal action on behalf of Saldan’s children against Organo Farm
Corp., based on vicarious liability for the actions of its president, as well as Hector. Hector has very few
assets but Organo has some very valuable equipment and the farmland. Hector has admitted his actions
and his personal liability but Organo is not willing to admit liability, claiming Hector was not acting
within the scope of his employment when he shot Saldan.
Outline the legal issues in this case and present arguments on behalf of
a. The executor of Saldan’s estate; and
b. Organo Farm Corp.