Vicarious liability for employers and respondeat superior are words that can be used to research cases, statutes, constitutional provisions, and regulations that relate to the scenario. Negligence within the scope of employment is a phrase that can be used to perform a search for law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of…
Another problem would be the lack of a complete orientation training manuals. This is something the company should never be without. A complete manual would have to be sent to the printers, whether in house or out sourced, the manual would have to be completed before the training on the June 15.…
FACTS OF THE CASE: The Appellant, Director of Finance at Toyota Marin Lou Suriyan Sisuphan, took almost $30,000 in order to persuade the termination of Sisuphan’s coworker Ian McClelland by suggesting that McClelland should be held responsible for the lost money. The Appellant did not have the intention to take this money permanently, and returned the money before any charges were filed, but not within the 24 hour amnesty period that the dealership offered. The dealership terminated Sisphan’s employment, and charged Sisuphan with a “felony offense of embezzlement by an employee of property valued in excess of $400 (§§ 487, subd. (a), 508, & 514) and alleging a prior assault conviction (§ 245, subd. (a)(2)) as a sentence enhancement.”JUDICIAL HISTORY: The trial court found Sisuphan…
Wheaton is liable for the manager’s injuries. Under the doctrine of Respondeat Superior Liability. The principle in this case would be Wheaton and the agent would be LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents, who are employees and who commit the tort while acting within the scope their employment, in addition, it also makes the principal liable both for an employees' negligence and for her intentional torts (pg. 944).…
· Assess the past, present, and future impact that victim rights laws have on court proceedings.…
Holding an employer liable for the actions of an employee may be a more complicated case than a typical personal injury compensation case. To learn more about your right to pursue compensation from an employer, seek legal counsel. An attorney can determine if you have a case and help assemble the evidence necessary to prove…
In the years leading up to the Civil War, the constitution did not provide a clear answer for deciding whether or not a slave had the same rights as a person. The federal government faced a divided country, and passed laws enforcing the return of slaves to their owner’s states, such as the Fugitive Slave Act. Contradicting this were “personal liberty laws,” which allowed states to decide who would be considered a person in their territory. However, both the Fugitive Slave Act and “personal liberty laws” were challenged in the Dred Scott v. Sanford case. The ambiguity of the constitution would lead to a four-year-long war between the Northern and Southern states.…
There is nothing pleasant about this case, and I thank you for your attention, ladies and gentlemen of the jury. Ms. Milan Jackson did not face any threat from Chris Archer on the night of her death. Ms. Jackson was a troubled young woman who can be confidently determined to have a mental disorder. Dr. Alex Richards claims herself that Ms. Jackson’s eating disorder is a form of “self harm” or “self punishment”. In either instance, it is a self induced disorder caused by the perfection seeking qualities explained by Pat Smith. While in primary school, Milan Jackson was a target for teasing among the other elementary students. Prior to entering college, her perfectionist nature and eating disorder had kept her bullies at bay, as well as any drastic…
If Jerry calls in the refill and the patient has an adverse reaction while flying, is Jerry protected from a lawsuit under the doctrine of respondent superior?…
“if you don’t know what to say to help someone in need. Sometimes, it can be just enough to take the time to listen and provide a supporting shoulder to lean on.” Said by David Cunliffe. Based on the Jib Fowles’ “advertisings fifteen basic appeals “each one of these appeals has an effective meaning in this world. Based on these fifteen appeals I have chosen the fourth appeal which is “the need for guidance”. This appeal has an amazing meaning in the context of the world we live in, but each one of us have a different explanation and meaning to it. In My opinion the meaning of this appeal is to help people understand themselves in terms of personal ability, interest, motivation and potential. The need for guidance is to be protected, shielded, guided. many people need for be guided and supported by others.…
In the story “The Scarlet Ibis,” the character Doodle is born with some mental and physical disabilities. While his family and doctor all believe him to die or not live long he learns to do things such as walk and talk with the help of his older brother, that may not have been predicted he would be capable of. The main character in this story wants to help Doodle be “normal” and do the things other children can do before Doodle starts school. While the character helps his brother out of shame and selfish reasons, he does make progress with Doodle until his pride gets the better of him and Doodle passes away. In the story the family finds a Scarlet Ibis in their yard that had passed away the same day that Doodle is pushed to his limits and…
"The Court in Bricker v. Snook, (1989) Ohio App. LEXIS 1076 stated “It is the universally accepted rule that an employer is liable for personal injuries or the death of another person, or injury to another person's property caused by his employee's negligence, misconduct, misfeasance, or wrongful, improper, or unlawful acts, when done within the scope of his authority, whether the authority is express or implied, or inferred from the general course of business…
The respondeat superior is a legal doctrine that holds the employers legally responsible for any wrongful acts caused by their employees. The employer is liable for any injuries caused by their employee to their patients. A health care organization can be held liable for any unjust acts their employees cause. “A hospital has vicarious liability for the negligence of its nurses, which allows a patient to bring a lawsuit against either the nurse individually or the hospital as the employer, or both (Giordano, 2003). It is up to the health care organization to ensure a staff that promotes ethical care and who are competent in their job. “A hospital has a duty to the patient to ensure the competency of its nursing staff and the physicians who maintain privileges at its institution” (Giordano, 2003). It is important that the health care organization maintains a place that revolves around safety for the protection of their patients and visitors. “Failure to do so may create institutional liability on the part of the hospital” (Giordano, 2003).…
A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and it is based on the principle of respondeat superior-let the superior respond for the negligence of agents or employees. Thus, physicians and other providers are responsible for the negligent acts of their nurses, paramedics, x-ray technicians, and other persons in their…
3. The principle of responsibility- The responsibility of the superior for the acts of the subordinate is absolute.…