IABILITY 1 A THEORY OF VICARIOU S LIABILITY J.W . N EYERS * This article proposes a theory of vicarious liability which attempts to explain the central features and limitations of the doctrine. The main premise of the article is that the common law should continue to impose vicarious liability because it can co-exist with the current tort law regime that imposes liability for fault. The author lays out the central features of the doctrine of vicarious liability and examines why the leading rationales
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Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
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Explain the arguments for and against strict liability offences A strict liability offence is one where it is not necessary for the prosecution to prove any mens rea. In most cases of strict liability even if one did not have the intent to commit a crime‚ however reasonable‚ in relation to a particular element of the actus reus of an offence‚ they can still be convicted. This can be shown in reference to Prince and Hibbert. Prince (1875) the girl was taken by Prince even though he knew she was
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SHC34 SHC34-1.1 Explain what it means to have a duty of care in own work role. A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia Examples how we do this in my setting. Within our setting we carry out daily checks to ensure that the environment inside and outside is safe before the morning session starts. We have daily cleaning
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Evaluate What You Believe Are Your Main Roles And Responsibilities As A Teacher / Trainer In Relation To The Teaching And Learning Cycle And In Particular When Meeting The Needs Of Learners. How Far Do Your Responsibilities As A Teacher / Trainer Go And How Do These Work In Relation To Other Professionals You May Encounter‚ Both Internally And Externally? What Boundaries Are There With Your Role And Between That Of Other Professionals? Identifying Needs My first priority is I need the subject
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biosphere comprise an integrated system driven by a continuous supply of energy 2. EXPLAIN the primary factors determining Earth’s climate 3. EVALUATE evidence and hypotheses explaining why Earth’s climate changes on different time scales 4. COMPARE today’s climate to the climate of the past 5. Using scientific
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want to have as life companions. These are all important decisions. What usually happens is that parents will want to barge in on all these three decisions and if possible make the decisions for the teenagers. The reason: Parents know better; they have been that way before; they are older; they are wiser and so on. But as often happens‚ especially in these fast moving times‚ parents train their children to live in their (the parents ’) time rather than in the teenagers ’ time. Teenagers should be given
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for our own wrongful actions in certain circumstances a person who is not at fault can be held liable for the delict of another. This usually occurs in partnership‚ agency‚ motor car accidents and employment‚ these are instances where there is a special relationship between the person held accountable and the person who committed the delict which provides allows for the former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances
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Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable
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What is the most important thing that can motivate employees With the rapid development of economic globalization‚ efficiency and quality determine the future of a firm. The fundamental factor‚ which determines the fortune of a firm‚ is employee‚ because if employees perform well and work efficiently‚ productivity will be considerably improved and large quantities of profits will be made. The increasing number of managers has realized the fact that employees are playing vital roles in development
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