prosecutor On the other hand ‚ the rights and welfare of the employees are also guarded and protected by the different laws and legislature by specifying the responsibilities of the managers to his or her employees One example would be regarding Tort Negligence wherein a party may sue another due to negligence of that party ’s responsibility (NSW WorkCover Website . In this case ‚ an employee may sue the employer in cases wherein the employer neglected his or her responsibility to his or her employee
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Neighbor Principle The claim on tort of negligence is based on three elements‚ which are duty of care‚ breach of duty and the breach resulted in Damage. The case of Donoghue v Stevenson‚ regarding the snail in the bottle of ginger beer‚ reached the House of Lord in 1932. Lord Atkin formulated a general principle from it to govern the existence of a duty of care and this was the neighbor principle. In order for a duty of care owed there must be reasonable foresight of harm to persons whom‚ it is
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ISSUE: Did Terry commit the tort of negligent misstatement while giving advice to Kevin? RULES: The following elements must be analysed: 1. There is a special relationship between Terry and Kevin where a duty of care is owed by Terry to Kevin (Hedley Byrne v Heller ): a. Terry advised Kevin; b. The advice is of a business or serious nature; c. Terry should know that Kevin intends to rely on his advice; d. It is reasonable in the circumstances for Kevin to rely on Terry’s advice; 2. Terry breached
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George sued Jerry under a theory of intentional infliction of emotional distress‚ alleging various grievances. Jerry has moved to dismiss the complaint on the grounds that even if everything George alleges in the complaint is true‚ George has failed to allege an adequate basis for liability under a theory of intentional infliction of emotional distress. The issue at hand is should the court deny the motion to dismiss. The essential elements of an action for intentional infliction of emotional
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a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with the child being burnt by the coffee. 5. According to the case‚ why didn’t the court approve summary judgment for product liability claims
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Case Study‚ Susan v The House of Lewis Outlined below is a neutral perspective on a civil law scenario. The text will include an unbiased opinion on whether Susan had any form of contract with House of Lewis Stores LTD and a personal opinion in relation to a compensation claim. Contract law and a personal interpretation will also be discussed. The presence of a contract is only determined when a certain criteria is met‚ this is what known as the elements of a contract‚ these are as follows;
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Accountant liability law varies across states within the United States. Clearly‚ accountants are liable to their clients for any mistakes that they make within their realm of work. However‚ the liability becomes questionable when dealing with third parties. A company may have many affluent stakeholders relying on their financial statements in order to make important decisions‚ which may have monetary impacts. Therefore‚ an auditor’s precision is imperative. There have been many proposals in which
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When I was presented with the essay title ‘employers liability in tort for injuries suffered by employees at work’ immediately I was interested as I soon realised this law is highly relevant in all our day to day lives . This topic holds a lot of confusion and is a very complex. A lot of uncertainty surrounds the law‚ this is why I have choose to crytically analyse it thouroughly so I can gain a greater knowledge and hopefully write a great essay. At first I will begin with a brief intoduction
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Hannah David 11 February 2013 Business Law Rothing v. Kallestad Issues: 1) Whether the district court erred in concluding that hay is not a “product “for purposes of a strict liability in tort cause of action. 2) Whether the District Court erred in concluding that the Rothings negligence claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses‚ thus no duty of care existed. 3) Whether the District Court erred in concluding that
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Many trial lawyers argue about the need for the tort reform. The tort reform is a cap that the civil justice system has placed on how much can be awarded in punitive damages. Many Americans see civil lawsuits as a waste of money‚ they believe that too much money is being given away. A lot of pressure is put on trial lawyers to not accept lawsuits that can be perceived as petty and frivolous. That is just it‚ though‚ any situation can be perceived in a completely different way. For example‚ having
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