3. Principles on which vicarious liability is based The doctrine of vicarious liability is based on principles which can be summed up in the following two maxims : (a) Qui facit per alium facit per se :- The maxim means‚ ‘he who acts through another is deemed in deemed in law as doing it himself’. The master’s responsibility for the servant’s act had also its origins in this principle. The reasoning is that a person who puts another in his place to do a class of acts in his absence‚ necessarily
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The European Accounting Review 2000‚ 9:3‚ 371 385 Auditor liability rules under imperfect information and costly litigation: the welfare-increasing eŒ of liability ect insurance Ralf Ewert‚ Eberhard Feess and Martin Nell University of Frankfurt‚ Frankfurt am Main ABSTRACT This paper examines auditor liability rules under imperfect information‚ costly litigation and risk-averse auditors. A negligence rule fails in such a setting‚ because in equilibrium auditors will deviate with positive probability
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Sue Rodriguez- Assisted Suicide By: Monique Sue Rodriguez‚ once a woman who was lively and healthy women much like the rest of us was given the horrible news that she had amyotrophic lateral sclerosis in early 1991 changing her life tremendously. Little did she know her fight for equality of life would create a milestone in Canadian Law. Sue Rodriguez fought long and hard to demand the right to assisted suicide‚ which at the time was illegal under
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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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partner) to the store address. You discover the store was robbed and the clerk has been assaulted. Several refrigerator units in the store have been damaged. A trail of broken beer bottles leads away from the crime scene towards a small wooded area nearby. How would you and your partner collaborate to maintain the integrity of the crime scene? Discuss what steps you would take to secure the scene(s). What are your priorities in doing so and why?
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believe there are 3 theories that relate to product liability in which Kolchek could sue to recover for Litishas’s injuries. They are; + Product liability based on misrepresentation because the misrepresentation is of a material fact‚ and the seller intended to induce the buyer’s reliance on the misrepresentation. +Product Liability based on negligence because there clearly a failure to exercise the degree of care that a reasonable‚ prudent person would have exercised under the circumstance. +No assumption
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infringing on another’s legal rights.for there to be a case under tort NEGLIGENCE: This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied. * Duty of care * Breach
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consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1]‚ ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result
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person breaches a duty of care and another person suffers an injury‚ the breach must have caused the harm for liability to result. 7. In many states‚ the plaintiff’s negligence is a defense that may be raised in a negligence suit. 8. Negligence per se may occur on the violation of a statute. 9. Kelly is injured when she slips and falls on Lee’s sidewalk. To determine whether Lee owed a duty of care to Kelly‚ Lee is subject to the standard of a realistic person. a reasonable person
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caution that this material suggested to you as a teacher‚ and share any personal thoughts you might have on the issue. An area of caution that I might have an issue for my rights and responsibilities is 9-2j Tort Liability and Negligence. I can relate to the example in the text about a teacher getting charged with negligence when a child fell from a playground structure while the teacher was attending to other children. No‚ I did not get charged with negligence‚ but I have been in the situation where
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