the state of Ohio to perform road repairs including using dynamite to blast dangerous rock and overhangs. The company closes down the road and proceeds with the dynamiting. The guard hired to make sure no cars enter the area falls asleep while on duty. Jim, who did not see road closure signs drives into the danger zones causing his car to get hit by falling rock and Jim suffers severe injuries from the company's negligence. ISSUE (1) The issue is whether, under Ohio law, will Melissa be liable
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article is to examine the role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence. Scope It includes the nature of general tortuous liability，the nature of employer’s liability，the application of the elements of the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed
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Employer's Duty of Care and Issues of Compensation Jakes actions are within the scope of his employment as manager servicing. Being a manager, Jake is responsible for the end to end and orderly running of his department, including meeting the outputs expected and he cannot take shelter under ‘being overworked’. He has to plan his departmental functioning in a manner to cause minimum disruptions for meeting the business objectives of Herman. It is possible he has been working overtime which might
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[pic] BTEC Level 5 HND in Business Module Handbook Unit 5: Aspects of Contract and Negligence for Business Unit code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive
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injuria datum, duty of care and neighbourhood principle, reasonableness, and culpa. The law of delict is a part of civil law, and it is based on a concept Damnum Injuria Datum – loss caused by a wrongful act. It focuses on the liability for loss, personal injury or damage to property caused by wrongful acts, whether intentional or accidental. The most common form of delict is negligence – a harm caused unintentionally by carelessness act. It is a failure in taking a reasonable care that should be
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their own scopes of employment, and (2) the deed done by the employee must’ve been related to his/her employment (Fremgen, 2012). In order to be thought of as being inside the scope of employment, the employee had to find it essential to complete a duty or it would be expected that an employee will complete the job. Even individual tasks such as going to the restroom, or fixing a glass of soda are thought to be inside the scope of employment although no actual work is being done (Respondeat Superior
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behavior and not fulfill the duty of care which regulated by the legislation. 2 the plaintiff will be suffered from damage to property and even the personal damage if the duty regulated by the law not be performed. 3 the employer has a duty to take responsibility to employee’s duty of care in the security. If the employer provides the unsafe or defective equipment to the employee on purpose, apparently there would be someone suffered from loss. 4 just because employer’s faults which provide the dangerous
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1. The Employment Relationship According to the International Labour Organization (2015), the employment relationship is defined as the legal link between employers and employees. This exists when a person performs work or services under certain terms and conditions in return for remuneration. Employee Relations are influenced by a number of internal and external factors, all of which affect the strategic balance between labour and management. It is important that we are aware of the key factors
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Your family is your greatest treasure and your home your safest citadel from the unwanted influences of the world. That's why monitoring software to track and log internet and computer use is a necessity. It lets you block and filter a host of influential content that could prove harmful to your children's development and the overall peace of your home. Just knowing that monitoring software is installed on your computer can keep users honest. Everything from pornography to explicit gore, violent
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the Workplace March 05, 2015 I. My topic of choice Sexual Harassment. I will be outlining different points of sexual harassment within the workplace. a) What is Sexual Harassment? b) The types of Sexual Harassment. c) Employer’s responsibilities. d) Law’s against Sexual Harassment. e) Ways to stop Sexual Harassment. II. What is Sexual Harassment? f) Sexual harassment is uninvited and unwelcome verbal or physical behavior of a sexual nature especially
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