problems or death at work. Identified in the case of Wilson & Clyde Coal Co. Ltd V English (1938). Common law duties were then set to provide and maintain: Safe place of work‚ safe means of access/egress Safe systems of work Safe appliances‚ equipment and plant Competent and diligent people - selection‚ training and supervision THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable care towards others‚ resulting in loss‚ damage or injury. Key
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The law is something that should be taking intently. There are a lot of cases and possessions that people get into simple because the person does not know anything about the law. When people get into these situations‚ it ends up getting people into the uttermost amount of trouble that is going to take a long time to get out of. In most cases‚ these situations happen from time-to-time is because people have no idea they are getting into until the crime is done. Also‚ another factor is that in most
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Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would be vicariously liable for Dales actions. b) The causes of action taken on Dale are the tort of false imprisonment‚ the tort of assault and battery‚ and negligence. If the customer‚ Bob‚ has not stolen any goods there is no justification for holding Bob. Bob was intentionally restrained against his will‚ and there was no lawful reason to do so. This restraint
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Tort and Regulatory Risks This paper will address preventative‚ detective‚ and corrective measures for a company to manage regulatory risks. We will also review common business torts that occur in many businesses today. According to Jennings: Tort comes from the Latin term tortus‚ which means “crooked‚ dubious‚ twisted.” Torts are civil wrongs‚ actions that are not straight but twisted. This paper will also describe specific measures to manage torts and other regulatory risks that are identified
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learned in class‚ a tort is a form of wrongful action that brings or causes harm to someone else that can lead to a lawsuit. Some torts are intentional‚ negligent‚ or strict liability. If you were intentionality trying to hurt someone or you were being reckless‚ you weren’t not making safe and conscious actions that only affect you. There are many different forms of intentional torts that are committed every day and there are consequences for those actions. The main intentional torts that are committed
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Employment law. S230 (1) of the ERA an Ee as ‘an individual who has entered into work or works under a contract of employment.’ How the court decide: 1) they use control test-Yewens V Noakes [1880] ‘A servant is a person subject to the command of his master as to the manner in which he does his work.’ 2) Walker V Crystal Palace Football Club [1910] Emphasis changes- court looks at does the Er control the background arrangement; where and when work done; holiday arrangements. Held; footballer was
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LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows a minority shareholder to bring a claim on behalf
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Six Flags Analysis of Goodwill ACCT 6610 Six Flags‚ Inc. is the largest regional theme park operator in the world. Currently Six Flags operates 18 parks in the US‚ one in Canada and one in Mexico. In the aggregate‚ Six Flags’ theme parks offer over 800 rides‚ including more than 120 roller coasters. The following questions pertain to Six Flags’ goodwill. To begin‚ obtain a copy of Six Flags‚ Inc. December 31‚ 2008 10-K‚ which was filed with the SEC March 11‚ 2009. A link to the report
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THE UNIVERSAL LAWS 1. The Law of Attraction –The most well-known Law of the Universe‚ simply stated says like attracts like. Things which have similar vibrations‚ tend to be attracted to each other. 2. The Law of Vibration – Everything is in a constant state of vibration. Everything has a vibration‚ our thoughts also have a vibration. Thoughts are the strongest form of energy. 3. The Law of Relativity – Relativity says that all that is only exists by comparison. Nothing really is what it is‚ until
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The Six Branches Christina Viola Hickey American InterContinental University Abstract Philosophy is everything of the mind. The goal of philosophy is to address the “big questions” that do not fall into other disciplines: how people should act (ethics)‚ what exists (metaphysics)‚ how individuals know what they know (epistemology)‚ and how people should reason (logic). Originating from Greek‚ the word means “love of wisdom.”(WiseGeek‚2015) Metaphysics‚ epistemology‚ ethics‚ aesthetics
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