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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Vicarious Liability‚ what is it? Vicarious commitment insinuates a condition where a business is considered responsible for the exercises or rejections of their specialists. In a workplace situation‚ a business can be held at danger for the exhibitions or prohibitions of its employee’s‚ whether it can be shown that the offenses happened over the range of their occupation. A case when a business can be held vicariously at risk cases can join exhibits of tormenting behavior‚ bullying‚ mercilessness
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Executive Summary Four years after the splendid Olympics in Beijing‚ London hosted the Olympic Games last year in 2012 for the third time in History of the International Event that the World greatly anticipates. The trade mark of this event was “Inspire a Generation”‚ reflecting the sustainability concept adapted by the Olympic Federations to support the Agenda 21 (Hawkes‚2012). In the bid for 2012 Games‚ London did not aim to having the honor of organizing the event just like any other nation‚
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ASSETS & LIABILITIES Asset is an item of value owned by the company. Assets can be tangible i.e. those which have some physical existence or can be intangible i.e. which do not exist in physical form but can be held in the form of contracts or rights. Assets are usually grouped in order of liquidity (ease of conversion to cash) on the balance sheet. Cash is therefore the most liquid of all assets. Assets can be classified as: 1.) Current Assets – Those assets that are expected to be converted to
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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Nursing Liability The American Nurse Association provides guidelines and policies for standards of care and scope of practice; they are listed in the Nurse Practice act. While hospital policies may vary from facility to facility it is the Nurse Practice Act that guides and dictates the standards by which nurse perform their duties and are held liable. Nurse have the legal duty of adhering to the standards of care whenever they are taking care of patients‚ when they fail to perform to these standard
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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2. THE FEATURES OF THE LIMITED LIABILITY COMPANY Limited Liability Company‚ along with other types of business entities‚ as well as business partnerships‚ cooperatives‚ state and municipal unitary enterprise is a commercial organization‚ namely organizations that pursue profit as the main goal of their activities and distributing the profits among the participants. This limited liability is characterized by the fact that the current (operational) management in the company (as opposed to partnerships)
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