...1.The question I would have liked to ask Mr.Williams and Mr.Campbell is was money more important then a job done right and safely. Did they not consider how many people could be affected by it being done cheap as possible. Something that is usually done cheap ends up either breaking or backfiring on them because it is not being done well. I just want to know why they were not thinking of what kind of effect is could have it it failed. 2. What Vicarious liability exists in this case is ration choice they didn’t think of the aftermath of their actions. All they cared about was that it was done cheap and saving scrap from building for resale. Campbell should have not lied when he said “he would rectify the problem at once, before the next morning,...
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...Parental responsibility statutes, also referred to as parental liability statutes, appertain to the legal guidelines which hold parents criminally responsible for neglectfulness in not managing their children's delinquent behaviors.[1] Particularly, under parental accountability statutes, fathers and mothers are not held accountable for the actions of their kids, but rather for improperly controlling them. A number of American states have implemented this legislation pertaining to traditional parent obligations. The regulation enforces prospective legal responsibility on a parent or any individual that has the accountability of looking after that child or discipline of that particular child falling under the individual that was in charge of...
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...Negligence and Vicarious Liability Problem Question (P3.1, P3.2, P3.3, P4.1, P4.2 and M3) Task description: Imagine that you are an In-House Lawyer (IHL) working for QuickFix. The Managing Director (MD) has asked you for written advice on whether the company has any liability in tort law towards Barbara and Clive. With this in mind please produce a report for the MD, which sets out the law relating to negligence and vicarious liability and how it applies to this scenario. Your report should be no longer than 3,000 words. 1 Differences Between Liability in Tort and Contractual Liability Contractual liability concentrates on what is in a contract and the obligations between the two or more parties of the contract. Both parties in contractual liability contracts are controlled by it and the terms stated in the contract cannot be broken. The terms of a contract must be fulfilled by both of the parties; otherwise consequences will follow if one party breaks the terms. Contractual liability contains conducting agreement and liability between businessperson and merchant. Tort law is used in situations where a person has done harm to another person. Liability varies significantly in tort law and contractual law in terms of issues of content. Contractual liability is based on agreement but tort law’s liability is not based on agreement. Also the way court provides compensations and how it deals with these two reflects on the difference between them. Contractual liability therefore...
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...Doctrine of vicarious liability The doctrine of vicarious liability generally operates within the law of torts. It has become well-established in English law and historically has been called “Master and Servant liability,” which clearly indicates the circumstances in which the doctrine becomes applicable in tort law. The general rule in tort law is that a person who authorises a tort will personally be 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...
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...labour and skill and gets remuneration in return. Incidents of Employment contract-Vicarious Liability definitions 1. Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment. 2. It is also a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also may or may not carry any share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control 3. Vicarious liability is a legal term that finds faults in a party that did not injure a person directly. A common situation is where a nurse injures a person and the court finds the hospital and the employer guilt of those damages. Under federal anti-discrimination law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person’s employment unless it can be shown that ‘all reasonable steps’ have been taken to reduce this liability. This legal responsibility is called ‘vicarious liability’. Many employers are unaware that they can be liable for a range of actions committed...
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...Write a 4-6 page paper based on your answers to the following questions. Utilize the Showalter textbook and at least two (2) other resources to support your answers. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Explain how the standard of care can be proven. In the standard of care, there is a certain and prudent kind of way that all persons involved should behave in a given circumstances. The duty of due care requires them to be prudent and act with care in order the patients to be safe. The definition given by a legal dictionary (Hill & Hill; 1981-2005) was that: “standard of care is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonable people can differ”. As the definition explained above whenever a person fails to behave as a reasonable and prudent person, he automatically commits a breach of duty. But in the other hand, a standard of care can be proven when there is duty of care which requires all persons to conduct themselves as a reasonably prudent person would do in similar circumstances...
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...Should A Business Have Civil Liability for the Criminal Acts of Its Employees? A business should have civil liability for the criminal acts of its employees when the criminal acts are done in connection with the employee performing work for the company. This includes acts that were both known and unknown by the employer. Vicarious liability and respondeat superior are two large factors in businesses being liable for their employees, and it is vital to understand what does and doesn’t fall under these doctrines. Businesses have a duty of care to hire, train, supervise, and retain employees that are responsible and ethical members of society; if an employee commits a criminal act while representing the business, then the employer has breached its duty of care. Employees represent the business they work for, and a business reaps benefits of its employees as far as sales and goodwill are considered, therefore the business should be held responsible for its employee’s acts because the employee is acting on behalf of the business (“Defining an employer’s duty of care,” n.d.). There are a few key reasons that a business should have civil liability for the criminal acts of its employees. Imposing liability on a business may give it an incentive to invest in higher standards for hiring, supervision, and retention of its employees to prevent these crimes from occurring. From a firm’s standpoint, it is much more favorable investing in the hiring and training of employees rather...
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...VICARIOUS LIABILITY Words 1055 1) Vicarious liability is a legal tort doctrine that assigns responsibility upon one person for the failure of another, with whom the person has a special relationship (such as employer and employee or owner of vehicle and driver), to exercise such care as any reasonable prudent person would use under similar circumstances. In other words, it imposes strict liability on employers for the wrongdoings of their employees, who have acted negligently. 2) The elements of the doctrine include that: the person who commits the wrong must be an employee, the employee must have committed a tort and it must have been committed in the course of employment. In regards to the first requirement for imposing VL, the rule is that an employer can only be liable for torts committed by employees. There is generally no liability for torts committed by independent contractors (although there can be in certain exceptional situations). However, it is not always possible to determine at first sight whether in fact a person is employed under a contract of service or not. It will often be in the interest of an ‘employer’ to deny that the relationship is one of employment. It has been suggested in WHPT Housing Association Ltd v. Secretary of State for Social Services that the distinction lies in the fact that the employee provides himself to serve while the self- employed person only offers his services. 6) Once it has been established that sufficient relationship...
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...torts committed by Mr Grain when he sexually abused the claimants. The Court of Appeal dismissed the claimants’ actions on the grounds that Mr Grain was not acting in the course of his employment by the defendants when he sexually abused the claimants. The House of Lords reversed the Court of Appeal’s decision, holding that because there was a “close and direct” connection between what Mr Grain was employed to do and Mr Grain’s sexual abuse of the claimants, the defendants were vicariously liable in respect of the torts committed by Mr Grain when he sexually abused the claimants. Comments It is not an understatement to say that this is the most important decision on vicarious liability ever handed down by the House of Lords. It’s unfortunate, then, that the decision is so badly flawed. Two criticisms may be made. First, the reasoning underlying the decision is sloppy, to say the least. Second, the decision is productive of huge uncertainty in the law. Let’s take each criticism in turn. (1) The first criticism. Let’s begin by making clear the distinction between personal liability and vicarious liability. If A commits a tort in relation to B and as a result is held liable to pay damages to B, we say that A is personally liable to pay damages to B. If A commits a tort in relation to B...
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...Ltd. Under S119 a company comes into existence as a body corporate at the beginning of the day on which it is registered with the name specified in its certificate of registration. Under S124 a company has the legal capacity and power of an individual both in and outside this jurisdiction. Four consequences from separate legal entity 1. there is a distinction between private and company debt. 2. there is a distinction between private and company assets. 3. a company can contract with its member. 4 a company can be liable in tort to a member. A company is recognised as a separate legal entity, it is possible for the ,members of a compang to enjoy limited liability. Put anotherway- the doctrine of separate legal entity. The liabili belong to the company and in a limited liaility company, the members’ liability is limited to the amount unpaid on the shares or the amount of the guarantee given by the member Application of law to the facts In this case, even though Toan and his wife are the sole shareholders of the company, and they are its sole directors, the company was a separate legal and it, not Toan and his wife, was running the business , so the successful bidder by the company. Conclusion Under S119 and S124, separate legal entity ,Toan the action will be successful....
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...essential elements require for the formation of a valid contract…………….5 Discuss the impact of different types of contract……………………………………………………………………………………5 Analyze terms in contracts with reference to their meaning and effect…………………………………………….…..6 Apply the elements of contract in given businesses scenarios……………………………………………………………….7 Apply the law on terms in different contracts……………………………………………………………………………………..…7 Evaluate the effect of different terms in given contracts……………………………………………………………………....8 Duty of care in the tort of negligence & Difference between liability in tort and contractual liability…….8 Explain the nature of liability in negligence……………………………………………………………………………………………9 The concept and elements of vicarious liability in business…………………………………………………………………..10 Apply the elements of the tort of negligence in business situations……………………………………………………..12 Apply the elements of vicarious liability in given business situations……………………………………………………12 Reference…………………………………………………………………………………………………………………………………………….13 Introduction The purpose of this report is to identify the aspects of Contract and Negligence for Business. Now days, the business environment is full of agreements between businesses and individuals. While oral agreements can be used, most businesses use formal written contracts when engaging in operations. Written contracts provide individuals and businesses with a legal document stating the expectations of both parties and how negative situations...
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...The Strict Liability Theory Introduction Strict Liability in simplistic terms can imply an individual or company being liable for their deeds, conducts and outcomes that result in damages to others. A personal complaint of injury for a strict liability case is not as a consequence of a foreplanned action or careless deed (Boatright, 2012). The respondent's action should have triggered strict liability and that the complainant suffered harm. In fact, one cannot understand what strict liability in the criminal law means, in the same token understand why it is considered unorthodox and morally dyslogistic. The respondent's responsibility and blameworthiness, or mental fault should be evaluated and, more particularly, the usual relevance of a respondent's mistakes in determining this error. Furthermore, strict liability is a form of responsibility that may occur in either a criminal or a civil context. Equally important to note, strict liability causes an individual to legally answerable for the loss and damage that his or her actions caused because of his or her deeds of omissions irrespective of incrimination. For strict liability to be induced and used in a lawsuit, proving fault or negligence is not the main desire but rather showing the danger to the complainant (Martin, 2014). Strict liability flows not from carelessness, but from the v option to conduct the activity at all. Strict liability does not base on a fault in the time-honored sense of the term, but on the policy...
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...Question 1: Discuss vicarious liability and cyber-liability Vicarious liability is the principle of law that holds one party liable for the acts or inactions of another (Beyer, 2006). The concept means that a party maybe held responsible for injury or damage even when he or she was not actively involved in the incident. Under the specific type of fault required or complicity rule, vicarious liability will only be found if the employer authorized or ratified the conduct or the manner in which the particular task was performed or empowered the employee for example by making him or her a manager or recklessly hired or retained an employee that was unfit for the particular job. The existence of vicarious liability can be justified on both legal or policy grounds and organizational management grounds. There are reasons for the application of vicarious liability in legal or policy. First reason is the wrongful act of the employee are so closely related to their duties that they can be properly and fairly regarded as being within the course of employment. Second there is the business risk rationale, that it is an inevitable part of commercial life that agents and employees may act beyond their authority and instructions causing damage to a third party. Employers have calculated and accepted this risk thus incurring legal liability. Given that an employer generally benefits from the work undertaken by its employees it is not unreasonable that it also bear any losses that those activities...
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...| 2013 | | | Assignment Cover Sheet Qualification | Unit Number and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly. Late Work Policy Consideration will be given to students who have valid reasons for late submission (eg, Illness) Plagiarism In case of plagiarism, college regulations will be applied. You must declare that this assessment is your own work by signing the following statement: Learner Declaration | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student Signature: Date: | Table of Contents Acknowledgement 6 Research Method 7 Aims and Objectives 8 Literature Review 9 Abbreviation List 10 Introduction 11 Task 1 12 Essential Elements of a Contract 12 1. Offer and Acceptance 12 2. Lawful Consideration 12 3. Intention to Create Legal Relationship...
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...Vicarious liability Vicarious liability is the principle of law that holds one party liable for the acts or negligence of another party. (Susan W Killion, 2006) It is provided that the third parties such as members of the group, subcontractors, agents, franchisee, clients and customers, are deemed to be under the control of the employer. (David A. Beyer, 2006) It is also known as the legal liability and responsibility attached to the shoulder of the employer if his employee committed wrongful act within the course, scope or terms of their employment due to the authority delegate to him by the employer. (Ibrahim, 2012)This may include bullying and harassment, violent or discriminatory acts and breach of copyright. (Dale, 2005) In vicarious liability, the key question is the difficulty in determining whether the employee was acting in personal capacity or in the course of their employment. The knowledge of the employer is irrelevant on the wrongdoing. Though, the employer could take reasonable steps to prevent such acts from occurring and take remedial and corrective measures. For example, policies and standards could be prosecuted and training could be provided. Employer also may claim the right to a limited indemnity from the employee if the employer is vicariously liable for the tort of an employee under common law. However, this could not apply to the employer when he required the employee to do something illegal.(Queensland Law Reform Commission, December 2001) Cyber-liability ...
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