will bear some liability for her negligent actions. According to Cheeseman‚ “A principal and agent are each personally liable for their own tortious conduct” (Cheeseman‚ 2010‚ p. 474). Dawn may be able to reduce her liability by claiming respondeat superior if it is determined that she was acting within the scope of her employment. Cheeseman states that answers to the following questions will determine whether she was‚ in fact‚ acting within the scope of her employment: * Was the act specifically
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year‚ it is important for a doctor to see that patient in case something has changed in the patient’s medical history. According to our text is says‚ “The doctrine of respondeat superior comes from Latin origins and means let the master answer”; meaning the employer is responsible for the actions of all their employees (Fremgen‚ 2009). The doctrine also says that an employer is responsible
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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). On page 945 it states that most courts
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Nevertheless‚ principal may also be liable for the torts and crimes committed by his agent. Courts generally use two predominant theories to impose liability on principals for the injuries caused by their agents: respondeat superior and direct liability. Under the doctrine of respondeat superior‚ the principal is liable if the agent was working within the scope of the agency when the tort occurred. Though this act of agent benefits the principal as well in gaining the business‚ it is unlikely to be applicable
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Swimmingpool Co Pty Ltd employs Martin as the manager of their Tasmanian sales division. Martin is to quote to potential customers the cost of installing the various pools that the company offers‚ to draw up any new contracts on behalf of the company and further to ensure that a deposit is paid by potential customers‚ monies which are then deposited in the company’s bank account. Martin is on a fixed salary but his contract of employment allows for the payment of a bonus if he exceeds his annual
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patient can get their prescription refilled. If Jerry does call in the refill and the patient has an adverse reaction to it while flying‚ is Jerry protected from a lawsuit under the doctrine of respondeat superior? Both Jerry and his employer may be liable for negligence (malpractice). The doctrine of respondeat superior means that if an employee commits an error‚
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manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements. Additionally‚ note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee)? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize
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To: Judge Wannabe From: Suzi Homemaker Re: Jim Peters Negligence Lawsuit Date: September 22‚ 2014 SUMMARY OF FACTS Melissa Gilbert of Gravel is Us of Cleveland Ohio‚ has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered
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Dixon Gao Professor J. Steflik BL&S 111 1 December 2016 Appealing Arbitration The American legal system is a complex system with many moving parts. Without the guidance of lawyers‚ many citizens are left thoroughly confused by the complexities of the court. The court‚ in both common law and civil law‚ act as the central means for dispute resolution. The Constitution of the United States of America gives Congress the power to set forth new federal laws‚ or statutes. With all the many statutes
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Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient‚ which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital‚ owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature
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