1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
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Case 1: In this case about 200 customers of Potter’s business were not notified of the termination of the agency and Aker who had been a sales agent for Potter for twenty years was also fired along with the termination of the company. Typically when there is a termination of an agency or a agency relationship the agent no longer represents the principal (Potter). However‚ if an agency is terminated the principal is under a duty of notification of the termination of the agency to the third parties
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cases fall under the category of a tort. In Latin‚ the term tort means wrong or harm. However‚ it is important to point out that these cases differ from criminal ones because in personal injury cases we are talking about someone’s results out of negligence actions. Common personal injury cases As previously mentioned in the personal injury law definition‚ there are different types of injuries‚ which have their own rules and procedures.
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Facts: The negligent act of Ruth in the fact that she did not properly park her car caused a series of accidents that resulted in knocked down power lines‚ grass fires‚ a gas station explosion‚ and an injured motorist. These accidents originated with Ruth’s in-action to not properly observe the securing of her vehicle which resulted in the damages suffered by the plaintiff Jim. Issue: The defendant Ruth owed a duty of care by her actions to protect the plaintiff Jim from harm. In the fact that she
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example of tort is acts of carelessness‚ or failure to act which result in injury or loss to another person. An example is a driver who fails to drive properly and as a result of that failure injures a pedestrian. This incident can give rise to negligence which is the failure to take reasonable care to avoid injury or loss to another person. However in order to prove a negligent claim‚ it must be
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When someone dies due to the negligent or reckless behavior of another party‚ the estate of the deceased may elect to file a wrongful death claim against that party. These types of claims seek monetary compensation for the loss and are typically brought with the aid of a wrongful death attorney. What Is Wrongful Death? A wrongful death claim may apply when an individual is killed due to the legal fault of another person or party. Common examples of a wrongful death claim include murder (such as
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LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents‚ who are employees and who commit the tort while acting within the scope their employment‚ in addition‚ it also makes the principal liable both for an employees’ negligence and for her intentional torts (pg. 944). On page 945 it states that most courts find that any employee’s conduct is within the scope of his employment if it meets each of the following four tests; It was the kind that the employee was employed to
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legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It’s a requirement to exercise a reasonable degree of attention and caution to avoid negligence which could lead to harm to others. For me as a support worker it basically means I have a duty of care to protect any service users in my care from significant harm; this will be achieved using the standards that I have learned from the many courses
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Assignment Unit 71 As a professional worker within Clare Lodge I have many expectations within my job role. As a secure care home I am governed by several pieces of legislation that outline the rules‚ boundaries and policies that are provided for us by Peterborough City Council. These include the National Minimum Standards‚ these are the standards that the home as a whole are expected to be working to. Some of the things outlined in these standards are wishes and feelings of the child‚ equality
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Scheier v. Jersey Joe’s Sports Bar & Grill On February 9th‚ 2002‚ Jodie Scheier slipped and fell in Jersey Joe’s Sports Bar & Grill after leaving her seat at a booth upon being called to collect a door prize. Jodie claimed that there were two steps awkwardly positioned that led to the booth‚ which caused her fall and the subsequent injury of her right index finger. As a hairstylist‚ Jodie relies on the use of her hands and fingers‚ and was unable to work properly because of the injury.
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