081-AC1221-60 Company Law ASSIGNMENT ONE The case concerns the pre-incorporation contracts. Firstly‚ it is necessary to define the pre-incorporation contracts. They are the contacts which the promoter wants to enter the contract before a company is incorporated. Under Common law position‚ the company cannot gain contractual rights or incurs liabilities from a pre-incorporation contract. Also; the pre-incorporation contracts cannot bind the company. In this case‚ Bosco is the promoter who
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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3141438 Course: Employment Law Course Code: HRMT322v4 Due date: August 1st‚ 2013 Society is experiencing many conflicts between employers and their employees. Many issues arise due to blurred lines in employment contracts; if responsibilities and expectations are not clearly stated in the contract‚ the employer may face difficulties when or if an incident occurs (also known as implied terms). There is an imbalance of power between the employer and employee‚ however‚ the law does not intend to create
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TOPIC: WHAT IS TORT‚ AND TORTIOUS LIABILITY ? From a legal standpoint‚ a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example‚ when a person violates his/her duty to others created under general (or statutory) law‚ a tort has been committed. Tort law relies heavily on the common law‚ the legal opinions of the Courts‚ general trends in the community‚ and legal scholarship
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The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen‚ and he was acknowledged to be the rightful king‚ but the magnates and such had sworn loyalty to Henry’s daughter‚ Matilda. The entire reign of Stephen‚ which lasted from 1135 to 1154‚ was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda‚ Henry II‚ became king in 1154. It was from here on that the King started to take
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implementing duty of care in health and social care or childrens and young peoples settings Task A1 Q what is ment by the term duty of care A Health and social care organisations have what is called a duty of care towards the pople in there care. That means that they must do everything within there power to keep the pople in their care safe from harm. It is not only the care establishment that needs to prioritise the safety ‚ welfare and interests of the people it cares for‚ but also the care workers
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played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between the legal origin of a country and its economic growth with reference to theories
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Critically evaluate Piaget ’s theory of cognitive development Piaget has been described as the father of cognitive psychology (Shaffer‚ 1988) and his stage theory as the foundation of developmental cognitive psychology (Lutz & Sternberg‚ 2002). It is not possible to describe Piaget ’s empirical findings and theory in only 1‚500 words. Instead‚ I will briefly review the theory ’s scope‚ comprehensiveness‚ parsimony‚ applicability‚ heuristic value and methodological underpinning. I will then evaluate
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| Ethical Employer | Workplace Diversity | | Student name | 5/5/2013 | [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] | Over the past few centuries society has seen a steady increase in sensitivity towards women‚ minorities‚ the disabled‚ sexuality‚ and religion from within the business community
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to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and is thus under a duty to ensure that the employee’s work does
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