Dennegar Liability
Published on Apr 30, 2021
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PRESENTATION OUTLINE
Dennegar's Liability
By Willie J. Dawkins
Hello Everyone, today we will be taking a look at Dennegar's Liability.
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Case Breakdown
The 5 Ws and H of the case
In order to break down the case, I'll utilize the questions who, what, when where, why, and how to analyze the case.
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Who?
New Century Financial Services (NFCS) v. Lee B. Dennegar
New Century Financial Services was the plaintiff in this case and was assigned credit card debt from AT&T Universal.
Lee B. Dennegar was the defendant and was being sued for credit card debt compensation.
Lee B. Dennegar was the defendant and was being sued for credit card debt compensation.
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What?
Owed NFCS $14,752.93
Mr. Dennegar has an unknown credit card with a balance of $14,752.93 owed to New Century Financial Services. Mark Knutson, the deceased roommate, allegedly accrued the debt. Mr. Dennegar is appealing his first verdict for this incident.
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When?
From 1 February 2001, to 22 June, 2003
In February 2001, a credit card was issued to the defendant. In April, twice in May, September, October, November, and December of 2002, credit card payments were made in Mr. Dennegar's name.
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Where?
West Orange and Raritan New Jersey
The defendant and roommate lived together in two domiciles. The first house was in West Orange, New Jersey, and the second house was in Raritan, New Jersey.
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Why?
Mr. Dennegar admitted that Mr. Knutson had authority over his finances and delivered mail. Mr. Knutson was not employed and added no financial gain to the household. After Mr. Dennegar's nervous breakdown in September 2001, Mr. Knutson took over all household duties.
In this trial, Mr. Dennegar needs to prove three things:
He needed to prove that the previous judge admitted hearsay evidence.
He also needs to prove the judge abused his authority by not allowing him more time to look for more evidence from the plaintiff.
Mr. Dennegar claimed that New Century Financial Services neglected to comply with the Truth In Lending Act regulations.
All three of Mr. Dennegar's points were invalidated during the appeal trial.
In this trial, Mr. Dennegar needs to prove three things:
He needed to prove that the previous judge admitted hearsay evidence.
He also needs to prove the judge abused his authority by not allowing him more time to look for more evidence from the plaintiff.
Mr. Dennegar claimed that New Century Financial Services neglected to comply with the Truth In Lending Act regulations.
All three of Mr. Dennegar's points were invalidated during the appeal trial.
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How?
How is Mr. Dennegar liable for the credit card charges?
Seeking protection from the Truth In Lending Act, Mr. Dennegar argued that he did not enter into any contract with AT&T Universal. Mr. Dennegar's negligence of his finances in which he appointed Mr. Knutson as the manager makes him liable for all transactions (Mann, 2015).
Since Mr. Knutson acted as Mr. Dennegar's agent in financial affairs. We could also apply Restatement of Agency rules. We know from the trial that the defendant gave Mr. Knutson expressed authority to act on his behalf. That means that Mr. Dennegar was the principal and Mr.Knutson was the agent but did not fall under any fiduciary laws (DeMott, 2018).
The liability rules in vicarious liability or respondeat superior are also applicable because the duties Mr. Knutson performed for the defendant gave him direct benefit (Harper, 2019). The defendant's negligent supervision gave Mr. Knutson direct access to funds via checks he had express authority to sign, and Mr. Denneggar was unable to prove he had exercised reasonable care of his finances. His actions validate any household purchases by another person by failing to secure his assets (Harper, 2019).
Seeking protection from the Truth In Lending Act, Mr. Dennegar argued that he did not enter into any contract with AT&T Universal. Mr. Dennegar's negligence of his finances in which he appointed Mr. Knutson as the manager makes him liable for all transactions (Mann, 2015).
Since Mr. Knutson acted as Mr. Dennegar's agent in financial affairs. We could also apply Restatement of Agency rules. We know from the trial that the defendant gave Mr. Knutson expressed authority to act on his behalf. That means that Mr. Dennegar was the principal and Mr.Knutson was the agent but did not fall under any fiduciary laws (DeMott, 2018).
The liability rules in vicarious liability or respondeat superior are also applicable because the duties Mr. Knutson performed for the defendant gave him direct benefit (Harper, 2019). The defendant's negligent supervision gave Mr. Knutson direct access to funds via checks he had express authority to sign, and Mr. Denneggar was unable to prove he had exercised reasonable care of his finances. His actions validate any household purchases by another person by failing to secure his assets (Harper, 2019).
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Conclusion
That the end of my presentation. Thank you for your time and attention.
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References
- DeMott, D. (2018). Fiduciary Principles in Agency Law. Forthcoming in Evan J. Criddle, Paul B. Miller and Robert H. Sitkoff, Eds., the Oxford Handbook of Fiduciary Law (New York: Oxford University Press 2018).
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References
- Giancaspro, M. (2020). " Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made on Voice-Based Virtual Assistants. West Virginia Law Review, 123(1), 117.
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References
- Giancaspro, M. (2020). " Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made on Voice-Based Virtual Assistants. West Virginia Law Review, 123(1), 117.
- Harper, M. C. (2019). A more fundamental distinction for the contemporary economy between employee and independent contractor status. Amicus Curiae, 2016(107), 9-16.
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References
- Giancaspro, M. (2020). " Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made on Voice-Based Virtual Assistants. West Virginia Law Review, 123(1), 117.
- Mann, R. J. (2015). Payment Systems and Other Financial Transactions, Cases, Materials, and Problems. Wolters Kluwer Law & Business. Found in Cambridge College Online Library in Google Scholar.
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