Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
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Internal Legal Memorandum and Analysis in Ima Shewin’s Case Taressa Wise Kaplan University PA 402-01 Professor Carolyn Dragseth June 5‚ 2012 LEGAL M E M O R A N D U M TO: Carolyn Dragseth‚ Attorney FROM: Taressa Wise‚ Legal Analyst DATE: June 5‚ 2012 RE: Legal Memorandum‚ causes of action for presenting a prima facie case for Ima Shewin
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Legal Memorandum PA 205 Final Project By: Jazmin Howard To: XXXXXXX From: XXXXX Date: July 15‚ 2014 Re: Natalie Attired v. New Mexico Employment Security Board Memorandum of Law Statement of Facts: In July of 2010‚ the Plaintiff‚ Natalie Attired‚ filed for unemployment with the New Mexico Employment Security Board; her claim was denied and she was deemed ineligible due to being terminated for misconduct. In June of 2010‚ Plaintiff Natalie Attired was fired from her job at Biddy’s
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MEMORANDUM To: Scott Haddock‚ Supervising Attorney From: Bob Barker‚ Super Senior Paralegal Re: Paige Turner Our file No.: 12095 Public school searches Date: June 6‚ 2013 I. Issues 1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs. 2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs
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Final Written Assignment 9 Internal Legal Memorandum of Law MEMORANDUM TO: Chief Prosecuting Attorney FROM: DATE: December 4‚ 2010 RE: Charging Bob and Susan Tuttle of Negligent Supervision Question Presented Did Joseph Haney effectively simulate a deadly weapon and create a life-threatening environment‚ sufficient to satisfy the Arizona armed robbery statute‚ by thrusting his hand into a pocket and telling the store clerk that it was a "holdup" and to "[l]ie still if you
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MEMORANDUM OF LAW To: Brenda Young‚ Supervising Attorney From: Steven Carp ‚ Legal Assistant Date: September 26‚ 2012 Re: Enforcement of non-competition agreement against Brett Young I.QUESTIONS PRESENTED Whether the restrictive covenant is enforceable against Brett Young for working with a competitor of Finance R Us. II. SHORT ANSWER: No‚ the covenant is not enforceable against Brett Young for leaving Finance R Us and working for Titles Unlimited when the III. STATEMENT
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MEMORANDUM TO: Senior Partner FROM: Paralegal RE: Natalie Attire DATE: July 3‚ 2013 QUESTION PRESENTED Did Natalie Attire act in a professional manner when she got the full length tattoo on her arm‚ and was she rightfully terminated from her job because of the incident? BRIEF ANSWER Ms. Attire had asked another waitress at the establishment‚ when she should have went straight to her supervisor (Ms. Biddy Baker) and asked about getting a tattoo that would take up the
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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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11/8/2014 Preparing a legal memorandum – Best Guide to Canadian Legal Research Home / Writing & Analysis / Preparing a legal memorandum Preparing a legal memorandum A legal memorandum is a highly structured type of writing that follows certain conventions. The structure and conventions are discussed below‚ and a sample memorandum is included. Because each legal problem is distinct‚ no two memoranda will be organised in precisely the same way. Do not slavishly follow the sample memorandum. Rather‚ focus
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Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele‚ vicarious liability is defined as an employer being found liable for the tort of his or her employee‚ provided that tort is sufficiently connected with the individual’s employment. On the face of it‚ this definition seems straightforward and clear‚ however you only need to look at the plethora
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