former to incur the liabilty. The object of this assignment is 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
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Justification on the Use of Torture for National Security While the idea may seem contradictory‚ countries around the globe use torture as a form of national security. As noted in the works of an online database‚ Opposing Viewpoints‚ reasons originating from the early 1800s in Jean Larteguy’s novel‚ Les Centurions‚ depicts the opposing justification of why such a method is necessary for safety (7). In his novel‚ Larteguy stresses millions of lives were saved because a French soldier tortured an
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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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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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reduce or prevent harm‚ it might be tempting to argue in favor of complete gun control or‚ at least‚ incredibly strict restrictions. After all‚ if such a level of control could be established over the entire population‚ then the amount of harm involving guns would be greatly reduced. The general principle at work here would be‚ obviously enough‚ that a complete ban or incredibly strict restrictions would be justified by the fact that they would significantly reduce the harms that involved guns. While
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interoffice memorandum to: John Doe‚ bakery manager from: Jane Doe‚ Assistant baker subject: Introduction of New product offfering date: 3/29/2013 Current situation facing sweet treats bakery Sweet Treats bakery has been around for around for ten years and has enjoyed becoming one of Lancaster’s premiere cake bakeries. We have had success with building customer relationships and coming up with new and creative ways to address customer needs besides the basic round or rectangular plain cakes
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The Justification of Absolutism Rationality does not necessarily justify the theories behind absolutism; it was more the results of absolutism that made it justifiable at all. In the time of Louis XIV absolutism was justified by divine right and that‚ especially in the very Catholic French empire‚ made it acceptable to most people. There were many positive outcomes for absolutist France‚ such as the creation of a strong standing army and the unity and stability provided by a strong monarch . The
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submitted to prof. manjula batra | LAW OF TORTS PROJECT | VICARIOUS LIABILITY | | | SUBMITTED BY:VAIBHAV PRATAP SINGHFIRST SEMEMSTER‚ 2012BA.‚ LL.B. (HONS.) | | ACKNOWLEDGEMENT I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour‚ first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her helping disposition
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How do we justify imposing strict liability for some criminal offences? Strict liability offences are offences which do not require proof of mens rea. This means that the prosecution only needs to prove that the defendant voluntarily committed a forbidden act without considering if the defendant had the intention. Strict liability is contained in statutes or statutory instruments‚ and occasionally found in common law. Common law offences of strict liability include criminal libel and blasphemous
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barn. Unknown to him‚ the barn he had pointed to was the only real barn in the entire countryside of fake barns. While it would be doubtful that Henry had knowledge of the barn being real‚ it cannot be denied that Henry’s belief‚ based on visual justification‚ had fulfilled all aspects of JTB. It could be said that Henry‚ similar to Smith‚ had got their propositions right on a basis of luck‚
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