A prima facie duty is a duty that is binding other things equal. W.D. Ross says there are several prima facie duties. One of these is fidelity which is duties to keep promises or contracts and not participate in deception. Another one he mentions is harm-prevention which is the duty of a person to prevent harm to others from causes other than themselves. Ross says if you can’t fulfill a promise you should not lie to get what you want. One example of this would be asking to borrow an amount of money
Words: 303 - Pages: 2
liability case is the prima facie duty of care. The literal definition of prima facie is, "at first sight". However, in this context it means, “Sufficient to establish a fact or raise a presumption” (Cornell Law). Duty of care is the legal responsibility to avoid causing harm to others and the public (Business Dictionary). In accordance to the Anns test their needs to be a relationship between the plaintive and the defendant, as well as foreseeability for there to be a duty of care. However, foreseeability
Words: 1593 - Pages: 7
Support of My Answer Appellate Cases In Carryl v MacKay Shields, LLC, Carryl, the plaintiff and employee, met his burden of proof establishing a prima facie case of racial discrimination in pay; however, MacKay Shields was able to provide legitimate reasons for the non-discriminatory disparity. They stated that the plaintiff’s Caucasian "peer" had more duties and provided the majority of the team’s income. Because the
Words: 2426 - Pages: 10
memorandum for executive offfice to: | CEO of ABC Toy’s | from: | Brandon Pope (Division Manager) | subject: | Religious discrimination claim | date: | April 19, 2014 | | | Religious Discrimination Claim: The ABC Toy’s lawyer recently notified me in regards to a past employee who put forth an alleged claim against our toy company, utilizing Title VII of the Civil Rights Act of 1964. The former employee is also saying that constructive discharge has taken place, stating that he was
Words: 2649 - Pages: 11
Compare and contrast utilitarianism and deontology. Utilitarianism is the principle that the correct form of action be taken to benefit the greatest number of people. Deontology is defined as the area of ethics involving the responsibility, moral duty and commitment. Both utilitarianism and deontology deal with the ethics and consequences of one’s actions and behavior despite the outcome. To contrast utilitarianism and deontology, utilitarianism summarized is making the right decision followed
Words: 633 - Pages: 3
of our moral duties, and doing our best at balancing conflicting understanding and values. According to Ross review of Utilitarianism, which Ross considers has limited aspects of the relationships between people: the relationship of harmer to harmed and the relationship of beneficent to beneficiary. Ross advances that we have self-evident prima facie moral duties, and intrinsic value. These duties are “prima facie” because they can be overridden, duties include "utilitarian" duties to promote other
Words: 729 - Pages: 3
will try to give a short introduction to the latter one, explaining its basis and its most famous proponents. The cornerstone of deontology (from the Greek “deon” , which means duty or obligation) is that deciding upon what is right or not for any situation should be based on a preconceived set of rules and our duty to follow them, disregarding any possible consequences. Many of us abide to a set of regulations which we try not to betray, like for example “do not lie.” However, this maxim is often
Words: 1500 - Pages: 6
of forcing the resignation was deliberate (Dempsey & Petsche, 2006). Also our former employee, the plaintiff, must show prima facie evidence that such discrimination has occurred (Gomez-Mejia, Balkin & Cardy, 2009). Such evidence in cases of religious discrimination includes that first the plaintiff had a genuine religious belief that conflicted with their duties, second, the plaintiff informed the employer of the beliefs and third, that the employer subjected the plaintiff to discriminatory
Words: 1340 - Pages: 6
intolerable working condition with the intent of forcing resignation was deliberate (Paul, 2002). It is the responsibility of our former employee to show prima facie evidence that the discrimination has occurred (David A. GOLDMEIER and Terry C. Goldmeier, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee 2003). Prima facie in cases of religious discrimination should include, first, the plaintiff has a sincerely held religious belief; second, the plaintiff informed the employer
Words: 1533 - Pages: 7
consideration. b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. (c) By taking undue advantage of the signature of
Words: 4516 - Pages: 19
