ARTICLE #19 Vicarious Liability: What Is It and How Does It Apply? From Coverys Risk Management (Tracy L. Melina‚ BS‚ MBA‚ CPHRM) In healthcare‚ there are two main categories of liability: primary and secondary. And while most physicians and other clinicians are constantly aware of how their own actions and decisions affect risk and safety‚ it’s easy to forget about the type of secondary liability known as “vicarious liability” because this type of liability applies when adverse outcomes result
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Subject: Negligence Liability of Accountants ______________________________________________________________________ Facts By law‚ accountants may be responsible for customers that hire them in various legal theories‚ including contract‚ fraud and negligence. Accountant malpractice happened when he or she violates the duty of reasonable care‚ knowledge‚ skills and judgment that he or she is due to a client or to the laws to provide auditing and other services. South Asset Management Co hired
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Estimated liabilities are a known obligation that is of an uncertain amount but that can be reasonable estimated. Common examples are employee benefits such as pensions‚ heath care and vacation pay‚ and warranties offered by a seller (Fundamental Accounting Principles‚ Chapter 11‚ Pg 437). When a firm sells products or renders services with a warranty‚ the firms has an obligation towards the customer when the warranty is honored. The warranty liability is an estimate of the obligations. Hence‚ a
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Journal of International Management 8 (2002) 223 – 240 Liability of foreignness to competitive advantage: How multinational enterprises cope with the international business environment Deepak Sethi*‚ Stephen Guisinger 1 University of Texas at Dallas‚ P.O. Box 830688‚ Richardson‚ TX 75083-0688‚ USA Abstract An expanded and holistic conceptualization of the liability of foreignness (LOF) is presented that goes beyond the traditional foreign subsidiary – local firm dyad in the host country.
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify
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considered “an invasion of the province of the jurors in determining what weight they should place upon a witness’s testimony.” Neville v. State‚ 976 N.E.2d 1252‚ 1260 (Ind. Ct. App. 2012); Bean v. State‚ 15 N.E.3d 12‚ 18 (Ind. Ct. App. 2014). It is misconduct for a prosecutor to request a jury to convict defendants for any reason other than their guilt. Ryan v. State‚ 9 N.E.3d 663‚ 671 (Ind. 2014). While a prosecutor may argue both law and facts‚ and propound inferences based on analysis of the evidence
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Even though the police force is doing all they can to resolve the situation‚ police misconduct is still a major problem in the United States because many innocent people have been wrongfully accused and even died at the hands of careless police officers who abuse their authority. One case claims that “A South Side police commander and his officers tortured black suspects into confessing to crimes they didn’t commit.” (Webber) This is a perfect example as it shows how police were abusing their authority
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Since placed in the segregation unit you had received a conduct violation for rule #15.2-Sexual Misconduct. On March 4‚ 2016‚ you were reviewed by the Administrative Segregation Committee and they recommended a continuation of your assignment due to continued violations of the rules. Since the last review you had received eight additional violations‚ which included insulting behavior‚ sexual misconduct‚ creating
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