...liable for damage or harm as a result. However, vicarious liability defines the circumstances in which a person is liable for the torts of another without express authorisation or ratification. The most common example of vicarious liability is the liability of an employer for the torts of his employees committed in the course of employment. It is not necessary in such circumstances for the employer to have breached any duty that was owed to the injured party, and therefore it operates as strict or no-fault liability. It is possible that the injured party could be either an employee or a stranger, and the employer can be held vicariously liable in both situations. The most important element to establishing a case for vicarious liability is that the wrongdoer be acting as a servant or employee, and that the wrong done be connected to the employee's course of employment. Vicarious liability can only be imposed if it is proved that the employee was acting “in the course of employment.” This criteria is essential, and requires a clear connection between the employment duties and the employee's acts complained of. As such, most employer's will be insured in order to avoid such liability. In addition, in order to establish vicarious liability, it is necessary to show that an employee was employed under a contract of service, or in the case of an independent contractor, a contract for services. English law has also established that an employer can be held vicariously liable...
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...1. Contact With the Broker From internet research, I got some brokers’ phone number. However, no one would want to help me in the beginning. After talking with professor, I changed my method by going to the agents. Citi Habitats is one of the largest real estate broker agents in New York City. I have learned this agent from the internet research I did during making the phone calls, so I decided to visit this agent first. I checked all the locations of this agent and listed them down. To choose the agent go visit is another tricky part, because people normally do not want to do extra works in a very busy environment. I chose a Citi Habitats on the upper west of Manhattan. This place is not very crowded and people there would be relatively easier to talk with. I went into the agent and stated my reason that I need to complete a project given by my professor. Fortunately, the lady in the front desk would like to help me to find a broker in the firm. She introduced me to broker Jason Kim Woodman, who is a senior associate at Citi Habitats. I used my English name Amy. Mr. Woodman is a very kind person and helped me to answer the questions in the project. 2. Basic Information for rough choosing For a real estate purchaser, people need to consider many facts before they buy a real estate. First is always the personal ability. Normally people rely on loans to buy a house or an apartment, so the monthly income is very critical for choosing a real estate. From the talk to the...
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...BUSI 2301 Case Comment #1 DIRECTIONS: You are to write a 1-2 page analysis of the following case. The paper should be typed, and at least 12 point font. Thoroughly discuss the premise of the case, the procedure as to what happened, and the facts involved. Make correlations between what you’ve learned in the class and relate it to specific legal theories. Demonstrate these by walking through the elements needed to prove the particular Cause of Action. Rules for correct grammar, syntax, spelling, capitalization, and punctuation must be observed. Papers must be the sole work of the student. Give yourself a break as reading law cases is new & different than other types of content. You may need to read the case 3 times to get used to this type of writing. Work should be submitted in MS Word, and name your file in this manner: Your 1st Initial, Last Name-Case# Plaintiff Name. Ex.:JSheetz_Case1_Kuehn. If you need assistance with your writing, you may refer to North Lake College’s Writing Center. Located in Room A309, the Writing Center is open 8:00 AM to 8:00 PM Monday through Thursday and 8:00 AM to 2:00 PM on Friday. Saturday hours are 9:00 AM to 1:00 PM. Students can also call 972-273-3089, or email nlcwritingcenter@dcccd.edu. Finally, another resource for students is to The Elements of Style, by Strunk & White. Points to consider in your analysis ▪ The general facts (explain briefly why the parties are in dispute)? ▪ How does the case relate to the reading material...
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...I. Applying TQM in Hospitality industry The hospitality industry has strong market competition; therefore, customer satisfaction and retaining loyalty will be crucial for a hotel’s success. The concept of quality management in hospitality industry is very important. The hospitality industry is one of the most important industries in the world that has been growing at unprecedented rate owing to the increased rate of globalization. The increased activities in tourism industry and increased international trade are among the factors that have led to increased growth of the hospitality industry. Total Quality Management (TQM) methodology can help organizations to achieve business excellence by improving customer satisfaction, cost effectiveness and competitive advantage. This methodology is useful for the hospitality industry. In a hotel, any quality problem will encourage guest complaints. A hotel serves human beings and everyone has different preferences and requirements which makes it more difficult to control quality in a hotel. For successful TQM practice, organizations have to integrate the quality management into the business strategy and to align the goals both horizontally and vertically throughout the various levels within the organization. In a typical hotel, there are three vertical levels - the senior management level, the business level (middle management) and the functional level (shop floor). Horizontally, there are departments – front office, food...
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...submitted to prof. manjula batra | LAW OF TORTS PROJECT | VICARIOUS LIABILITY | | | SUBMITTED BY:VAIBHAV PRATAP SINGHFIRST SEMEMSTER, 2012BA., LL.B. (HONS.) | | ACKNOWLEDGEMENT I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour, first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her helping disposition are where all of this stemmed from. Next, I would thank my seniors in the faculty who gave us guidelines as to how to go about the research. These are the people who were always there with me in the making of this project. Heartfelt thanks to all the above-mentioned people. INDEX OF AUTHORITIES Books and Journals referred: 1. Salmond, Torts, 18th Ed 2. HOLMES Common Law, pp. 179 (180) 3. The Law of Torts by Ratanlal and Dhirajlal 4. Law of Torts by Dr R. K. Bangia 5. Law of Torts by B.M.Gandhi Websites referred: 1. www.legalserviceindia.com Cases: 1. Brook v. Hook (1871) LR 6 Ex 89 2. Keighly Maxsted & Co. v. Durant (1901) AC 240 p.260 : 84 LT 777 (HL) 3. PER LOCH, J., in Rani Shamasundari Debi v. Dukhu Mandal (1869) 2 Beng LR (AACJ) 227 (229) 4. Bird v. Brown (1850) 4 Ex 786 (799); Buron v. Denman (1848) 2 Ex 167 5. Baxi Amrik Singh v. The Union of India (1973) 75 P.L.R. 1 at p.7 6. Imperical Chemical Industries...
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...UNIT 05 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS ASPECTSA Table of Contents P1.1 THE ESSENTIAL ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT 2 Offer 3 Acceptance 4 Consideration 4 Capacity- Concept of Minor& Privity 5 Intent to create legal relation 6 P 1.2 DIFFERENT TYPES OF CONTRACT 7 P 1.3 DIFFERENCE BETWEEN CONDITIONS AND WARRANTIES 8 P 2.1ELEMENTS OF CONTRACT APPLIED FOR THE BELOW SCENARIOS 8 P 2.2 TERMS IN DIFFERENT CONTRACTS 9 P 2.3 THE EFFECTS OF DIFFERENT TERMS IN GIVEN CONTRACT 10 P 3.1 CONTRAST LIABILITY IN TORT WITH CONTRACTUAL LIABILITY 11 P 3.2 THE NATURE OF LIABILITY IN NEGLIGENCE 12 P 3.3HOW A BUSINESS CAN BE VICARIOUSLY LIABLE 14 P 4.1 ELEMENTS OF THE TORT OF NEGLIGENCE AND DEFENSES IN DIFFERENT BUSINESS SITUATION 15 P 4.2 ELEMENTS OF VICARIOUS LIABILITY IN GIVEN BUSINESS SITUATIONS 16 Bibliography 17 P1.1 THE ESSENTIAL ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT A contract is an agreement which legally binds the parties to it. There are five essentials which must first exist in order to create a valid and legally enforceable simple contract; (i) Offer (ii) Acceptance (iii) Consideration (iv) Capacity (v) Privity (vi) Intent to create legal relation Offer Anoffer is a definite undertaking or promise made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed. Offers can be expressed...
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...INTRODUCTION The practicum training is an integral part of the Bachelor of Science in Hospitality Management and Tourism (BSHMT) program of the City College of Tagaytay (CCT). It is intended to provide students learning experiences and the application of knowledge and skills in hospitality industry settings. The practicum is a co-operative education which aims to achieve an effective blend of classroom study and off-campus work experience in hospitality-related industry. The goal of the practicum is to prepare the student for competent and responsible practice. A successful practicum is one that achieves that goal. The BSHMT program of the City College of Tagaytay considers the practicum training to be among the most important professional preparation activities in which BSHMT students participate. Practicum experiences are intended to allow students to synthesize, apply and refine knowledge and skills learned in their academic experiences. In addition, practicum experiences are one of the primary ways in which department faculty members can observe and evaluate the skills of the student. Because of the importance of students’ practicum, the Department requires the student-trainee to prepare a narrative report of his practicum experiences in hospitality industry. This report was based on the student’s training experiences at the following establishments: Taal Vista Hotel, Taj of Tagaytay and Massimos Ristorante Italiano during the second semester of year 2007-2008 in...
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...Heat Wave - Richard Castle file:///C:/Users/zainab/Downloads/Richard.Castle_Nikki.Heat.01_Hea... 1 of 110 05-05-2013 19:50 Heat Wave - Richard Castle file:///C:/Users/zainab/Downloads/Richard.Castle_Nikki.Heat.01_Hea... Heat Wave Richard Castle 2 of 110 05-05-2013 19:50 Heat Wave - Richard Castle file:///C:/Users/zainab/Downloads/Richard.Castle_Nikki.Heat.01_Hea... To the extraordinary KB and all my friends at the 12th 3 of 110 05-05-2013 19:50 Heat Wave - Richard Castle file:///C:/Users/zainab/Downloads/Richard.Castle_Nikki.Heat.01_Hea... Contents One It was always the same for her when she arrived… Two Nikki Heat’s footsteps echoed back at her off the concrete… Three Heat and Rook trailed two steps behind Noah Paxton as… Four Nikki didn’t go home following the movie after all. She… Five There is very little chance of a high-speed pursuit on… Six Nikki stepped into the rooftop bar of the Soho House… Seven Even as she stood frozen in her hallway, Nikki’s first… Eight When Detective Heat nosed the Crown Vic out of underground… Nine Nikki Heat’s apartment building was not the Guilford. It was… Ten Nikki led him wordlessly into her bedroom and set the… Eleven Thirty minutes later, Detective Heat stepped off the Guilford’s elevator… Twelve The three detectives and Rook maintained a tense silence as… Thirteen In the precinct interrogation room, the biker, Brian Daniels, seemed… Fourteen Raley came back into the bullpen dangling...
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...Marketing of Banking Services (Case of Prime Bank Ltd. ) CHAPTER 1 Introduction 1.1: BACKGROUND OF THE REPORT Internship program is a pre-requisite for acquiring BBA degree in UIU. Before completion of the program, every student must undergo the internship program or a research work. It is mandatory because classroom discussion alone cannot make a student outstanding in handling the real business scenario. This is an opportunity for a student to learn about the real life situation and how to act accordingly. Another purpose is to know about the rules, regulation and environment of an organization before getting a job or starting a business. Such experience may facilitate a student to have a better job or get success quickly in a business. A report is to be prepared to summarize the findings through observation, and practical work after the internship period. The report titled “Marketing of Banking Services: Case of Prime Bank Limited” is based on the learning from the internship period in Prime Bank Ltd, Shimrail Branch. It contains a concrete idea about the marketing pattern of the bank mainly with the help of observational study from the perspective of 7P’s of services. I will also discuss the other banking activities of the branch. 1.2: ORIGIN OF THE REPORT This report titled “Marketing of Banking Services” is prepared fully on academic basis. It is a mandatory requirement as a part of internship for BBA program completion under the school of business of UIU. This topic...
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...Apartment • Apartment: a relatively self-contained housing unit in a building which is often rented out to one person or a family, or two or more people sharing a lease in a partnership, for their exclusive use. Sometimes called a flat or digs (slang). Some locales have legal definitions of what constitutes an apartment. In some locations, "apartment" denotes a building that was built specifically for such units, whereas "flat" denotes a unit in a building that had been originally built as a single-family house, but later on subdivided into some multi-unit house type.[5] • Apartment building, Block of flats: a multi-unit dwelling made up of several (generally four or more) apartments. Contrast this with the two-family house and the three-family dwelling. An apartment (in US English) or flat (in British English and often associated with or miscontrued as social housing) is a self-contained housing unit (a type of residential real estate) that occupies only part of a building. Such a building may be called an apartment building, especially if it consists of many apartments for rent. Apartments may be owned by an owner/occupier or rented by tenants (two types of housing tenure). The term apartment is favored in North America, whereas the term flat is commonly, but not exclusively, used in the United Kingdom, Hong Kong and most Commonwealth countries. In Malaysian English, flat often denotes a housing block of lesser quality meant for lower-income groups, while apartment...
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...Chapter One Introduction 1. Introduction At present in the world the largest and fastest growing industry is the tourism and hotel industry. Though, in Bangladesh the amount of manpower in hotel industry is not that much high with the comparison of the developed country. But in the near future this industry has a bright future in Bangladesh because of the charming natural beauty, lots of historical places and the largest sea beach of the world. The first part is about the Introduction of Hotel Sea Crown. For an expanding economy, a developed & efficient tourism Hotel is important. Bangladesh Resort and Hotel Limited has been incorporated in Bangladesh 09th day of june,2003 as a private company Limited by share under the companies Act 1994. The principle activity of the company is to business of hotel, restaurant, café, refreshment room. The commercial operation from 12th November,2004 with three star deluxe hotel constructed in its own land at Marine Drive, kala Toli, Cox’s Bazar and hotel named after “ Hotel Sea Crown” and its Corporate office is in Gulshan Model Town, Dhaka from where all reservation, marketing and accounts activities are operated. The methodology, scope of the report & the limitations are also described here. The second part is about overview of Hotel Sea Crown, which includes the historical background, mission & objectives of the hotel. It also plays a great role in Bangladesh. So it faces some threats. But it has a lot of opportunity here...
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...CREED CASE LAW REVIEW May 2012 INTRODUCTION When the Ontario Human Rights Code became law in 1962, creed was one of the original grounds of discrimination. This was likely to deal with the fact that at the time, there was significant overt discrimination against religious minorities. Over time, Canada’s legal and societal approach to creed rights has evolved significantly. However, it continues to be one of, if not the, most complex and controversial area of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter...
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...McShane−Von Glinow: Organizational Behavior, Second Edition Part Four Organizational Processes Organizational Culture © The McGraw−Hill Companies, 2002 C H A P T E R 15 Organizational Culture AFTER READING THIS CHAPTER , YOU SHOULD BE ABLE TO : Learning Objectives I Describe the elements of organizational culture. I Discuss the importance of organizational subcultures. I List four categories of artifacts through which corporate culture is communicated. I Identify three functions of organizational culture. I Discuss the conditions under which cultural strength improves corporate performance. I Discuss the effect of organizational culture on business ethics. I Compare and contrast four strategies for merging organizational cultures. I Identify five strategies to strengthen an organization’s culture. McShane−Von Glinow: Organizational Behavior, Second Edition Part Four Organizational Processes Organizational Culture © The McGraw−Hill Companies, 2002 C arly Fiorina is taking Hewlett-Packard back to the future by reformulating the California-based technology company’s legendary culture, known as the H-P Way. “The H-P Way is about innovation; trust and respect and integrity; contribution to community; and performance,” says Fiorina, H-P’s first CEO hired from outside the company. The problem, she argues, is that employees have distorted these values over the years. “The H-P Way has been misinterpreted and twisted as a gentle bureaucracy...
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...Praise for the Shiva Trilogy ‘Amish’s mythical imagination mines the past and taps into the possibilities of the future. His book series, archetypal and stirring, unfolds the deepest recesses of the soul as well as our collective consciousness.’ – Deepak Chopra, world-renowned spiritual guru and bestselling author ‘Amish is a fresh new voice in Indian writing – steeped in myth and history, with a fine eye for detail and a compelling narrative style.’ – Shashi Tharoor, Minister of State in the Indian government and celebrated author ‘Furious action jumps off every page.’ – Anil Dharker, renowned journalist and author ‘Tripathi’s Shiva Trilogy is already being touted as India’s Lord of the Rings.’ – Hindustan Times ‘…Amish has mastered the art of gathering, interpreting and presenting India’s many myths, folklores and legends, and blending all of that into fast-paced thrillers that change your views about gods, cultures, histories, demons and heroes, forever.’ – Hi Blitz ‘Amish’s Shiva Trilogy has a refreshing storyline… The narration forces you to impatiently turn the page to know what secret is going to be revealed about the “Neelkanth” next.’ – The Telegraph ‘It’s a labour of love... Amish also humanizes his characters, something which most popular Indian writers fail miserably at.’ – Mint ‘Amish’s philosophy of tolerance, his understanding of mythology and his avowed admiration for Shiva are evident in his best-selling works.’ – Verve ‘Tripathi is...
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...P LA T O and a P LAT Y P U S WA L K I N TO A B A R . . . Understanding Philosophy Through Jokes < T H O M A S C AT H C A RT & D A N I E L K L E I N * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P l at o a n d a P l at y p u s Wa l k i n t o a B a r . . . PLATO and a PLAT Y PUS WA L K I N T O A B A R . . . < Understanding Philosophy Through Jokes Th o m as Cat h c a rt & Dan i e l K l e i n A B R A M S I M AG E , N E W YO R K e d i to r : Ann Treistman d e s i g n e r : Brady McNamara pro d u c t i on m anag e r : Jacquie Poirier Cataloging-in-publication data has been applied for and may be obtained from the Library of Congress. ISBN 13: 978-0-8109-1493-3 ISBN 10: 0-8109-1493-x Text copyright © 2007 Thomas Cathcart and Daniel Klein Illlustration credits: ©The New Yorker Collection 2000/Bruce Eric Kaplan/ cartoonbank.com: pg 18; ©Andy McKay/www.CartoonStock.com: pg 32; ©Mike Baldwin/www.CartoonStock.com: pgs 89, 103; ©The New Yorker Collection 2000/ Matthew Diffee/cartoonbank.com: pg 122; ©The New Yorker Collection 2000/ Leo Cullum/cartoonbank.com: pg 136; ©Merrily Harpur/Punch ltd: 159; ©Andy McKay/www.CartoonStock.com: pg 174. Published in...
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