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 . In this case ‚ the law is
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refused to move off Assault - intentionally or negligently creating in another an apprehension of imminent harmful or offensive contact - unique in that the damages are for emotional reaction - the apprehension must be for battery (not negligence‚ conversion‚ trespass etc) – Richardson v Rix - doesn’t need an intention to harm - just an intention to create apprehension - apprehension is not fear – a brave person can still expect harm‚ and hence suffer assault - if the plaintiff
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specific area of auditors ’ liability to third parties is an extremely complex area. As there is no contractual claim for recovery of losses‚ third parties take action in tort. Some time ago it was believed that recovery of losses from auditors for negligence was not possible‚ because there was no contractual relationship between the parties. But some time later Auditors in Australia were subject to a much higher level of liability to companies and third parties due to the wide scope of statutory obligations
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BURDEN OF PROOF CASES R v. Oakes (SCC 1986) * Narcotics Control Act s. 8 puts persuasive burden on A by saying A ‘shall’ (as opposed to ‘may’‚ so judge has no discretion) be convicted of intent to traffic if he doesn’t ‘establish’ that he didn’t intend to traffic * Therefore R has a lesser burden of proof‚ just needs to prove that A was in possession‚ and R could get charge for possession AND trafficking * this puts defence in position where they’ll have to put A on the stand‚
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University of Phoenix Material BUGusa‚ Inc. Worksheet Use the scenarios in the Bugusa‚ Inc. link to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc. committed any torts? If so‚ explain. WIRETIME has intentionally carried out a business associated tort most commonly known as Defamation. In this case all 4 factors of defamation are there. A defamatory declaration was made; it was displayed to a 3rd party‚ the declaration was very particular to one
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themselves‚ Buick was responsible for the final product that made it to consumers since it was Buick’s responsibility to test and inspect the wheels to ensure that they were safe and therefore‚ is negligent. 1. The court held Buick liable in tort for negligence in manufacturing a product with a danger. Buick argued that it should not be liable because it did not make the wheels. Why not make the injured party sue the producer of the defective part? In today’s economic market‚ companies rarely produce
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Chapter five is about Ethical and legal implications of practice. These are both important topics in the healthcare field. It is important to make ethical choices and understand the legal implications of the choices that you make. In this paper I will write about Ethical theories and principles‚ ethical viewpoints and decision making‚ and also the legal issues affecting respiratory care. Ethical theories and principles provide the foundation for all ethical behavior. Contemporary ethical principles
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SERGIO F. NAGUIAT‚ doing business under the name and style SERGIO F. NAGUIAT ENT.‚ INC.‚ & CLARK FIELD TAXI‚ INC.‚ petitioners‚ NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION)‚ NATIONAL ORGANIZATION OF WORKINGMEN and its members‚ LEONARDO T. GALANG‚ et al.‚ respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi‚ Inc. (CFT). Due to the phase-out of the US bases in the country‚ Clark Air Base was closed and the taxi drivers of CFTI were separated from service.
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- Railway line operated by BRB ran through property open to public - Fences were in poor repair - 1965 children seen on line - Child severely injured when he stepped on line after passing through broken fence - Plaintiff claimed damages for negligence Ruling - House of lords held over trespassers‚ a duty to take steps as common humanity to avert danger i.e. fix the fence If the presence of trespassers is known or foreseeable‚ step must be taken Case – Paris Vs Stepney Borough Council
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Section A Question 1) a) In the case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore
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