Legal Opinion
You can sue on your own behalf as well as on behalf of your daughter. The causes of action
available to you include fraud, intentional misrepresentation, and emotional distress. The
foregoing causes of action will be expounded using case law and statutory provisions. You can
recover damages for those causes of actions as well as other forms of relief.
Vicarious liability means that the company is liable for the actions of Luis because Luis acted in
his capacity as an employee of the company, and he was actually on duty working for the
company. Luis will be liable if you can prove that there was no indefinite contract. If Luis can
prove that there was an indefinite contract, then he will not be liable.
Your husband worked for the U.K. office before being sent for secondments. You also lived in
the U.K and had British citizenship. That places the venue of the causes of action in the U.K. The
ideal country to sue in is the U.K. The best option would have been to file in the USA but you
didn’t mention much about it other than the company being based in the USA. To begin a lawsuit
against them in the U.K., you will have to file a claim against the Defendants (the company,
Luis, Carlos, company’s attorney). To be able to serve and sue Luis, you will have to seek the
court’s permission to serve the claim in Argentina because it is outside the EU. Please let me
know if you have other questions.
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