Swimmingpool Co Pty Ltd employs Martin as the manager of their Tasmanian sales division. Martin is to quote to potential customers the cost of installing the various pools that the company offers‚ to draw up any new contracts on behalf of the company and further to ensure that a deposit is paid by potential customers‚ monies which are then deposited in the company’s bank account. Martin is on a fixed salary but his contract of employment allows for the payment of a bonus if he exceeds his annual
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September 16‚ 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against
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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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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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Few other dogmas go to the core of the Christian faith like the Atonement. However‚ there is much controversy about what is called vicarious atonement (penal substitutionary atonement). There is a variance between personal and vicarious atonement. When humankind fell rebelliously from God‚ they intrinsically owed God amends. But humankind might atone for their sin simply by suffering perpetually the consequence attached to wrongdoing. This is whatever God might have demanded in stern righteousness
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It is probable that Bob will attempt to claim damages by finding Dale Cooper liable for vicarious liability‚ as he began to suffer from PTSD after killing Mike. Much like Mike’s estate‚ Bob will also have to prove that the requirements for vicarious liability are suffice. However‚ Bob’s claim falls short of success due to the defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945‚ Section 1(1). It was clarified in Pitts (1990) that one party cannot be the completely
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Academy of Management Review 1981. Vol. 6‚ No. 1. 105-113. Vicarious Learning: The Influence of Modeling on Organizational Behavior CHARLES C. MANZ Auburn University HENRY P. SIMS‚ JR. Pennsylvania State University The social learning theory notion of vicarious learning through modeling can elucidate the phenomenon of behavioral change in organizations. Vicarious learning encompasses attentional‚ retention‚ motor reproduction‚ and motivational processes. If any of these processes is lacking
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Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician
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The ubiquitous and‚ subsequently in our paper‚ stridently discussed Vicarious learning which predominantly occurs by observing others actions and responses‚ consequently‚ note out positive and negative consequences of individual actions and eventually results in imitation of these observed actions. Both Operant Conditioning and Vicarious Learning are parts of BMP and can both affect the behavior and consequences of certain individuals‚ as‚ for instance‚ in our chosen infomercial the ‘Midas Touch
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Vicarious trauma is when a person‚ who has not experienced a traumatic event himself or herself‚ begins to display symptoms of trauma and crisis because of hearing about or witnessing the traumatic events victims of crisis. Vicarious trauma usually unfolds over time or dependent upon the intensity of the crisis experience. Because vicarious trauma can happen to individuals who are trying to care for victims of crisis‚ it is important that those who have experience crisis is given a safe‚ yet “initial”
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