not involve the employee’s personal business (Hill, 2011). An employee’s scope of employment usually become relevant when there is an accident on the job or when someone wants to hold an employer liable for the actions of an employee. The scenario in the video involved the employee, Jake, being injured on the job. Jake worked as an auto mechanic in Herman’s automobile dealership. When Herman decided to offer free oil changes to lure potential buyers onto the car lot, Jake was tasked
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Coughlin V Tailhook LAW/531 COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Facts: During a convention at the Las Vegas Hilton in September 1991, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway. The resulting post-traumatic stress disorder and other problems related to the attack eventually hampered her ability to perform her duties. Ultimately, she resigned from the US Navy. Coughlin brought action against the Hilton
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distribution must be held strictly liable for marketing a bottle of beverage in a condition dangerous for user for injuries resulting from such use, although the seller has exercised all precaution. Section 402A of the Restatement (Second) of Torts, which states that who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property
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relating to business torts. Our main objectives that we were to acknowledge upon completion this week includes identifying potential tort risks that that arise in the business context. In addition, we learned the importance of applying the risk management to mitigate business risk. We also learned how to differentiate between types of torts, and when to determine appropriate situations to involve legal counsel in potential tort issues. Together, we discussed different issues involving tort liabilities that
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Negligent Tort Jacqulyné Allmon BUS 670: Legal Environment Instructor: Timory Naples June 24, 2013 Negligent torts are deemed unintentional which is one of the most common types of torts business managers experience and one of the most expensive. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property
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A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the
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"Employment Law." Please respond to the following: * Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not. In the case of Garcetti v. Ceballos, the issue is, “whether job-related speech of public employees should have First Amendment protection” (AAUP, 2014). Richard Ceballos, an employee at the LA County district attorney’s office, suspected that a deputy sheriff included false statements in a search
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DUTY OF CARE Established Categories 1. Manufacturers/Consumers* Donoghue v Stevenson [1932] AC 562. Grant v AKM [1936] AC 85 nb Leading Australian decision; line of manufacturer cases since. ~ Dr gets dermatitis after wearing soiled long johns (underwear). ~ Sues both retailer (under SOGA legislation) and Manufacturer in negligence. ~ D (manuf) un able to distinguish Donoghue 2. Suppliers of dangerous goods Eg: McCabe v BAT Aust (2002) and BAT Aust
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that both actions are possible. An action in tort is thus not excluded in the case of liability of the hotel keeper. Similar judgements in other spheres , such as in the relationship between an employee and an employer show that also, both cases are applicable , both contract and tort. Many times the court will have to look at the writ of summons. If there is an issue of prescription the would have to see whether one had filed an action based on tort or on contract. Thus: in the case of liability
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ESSAY 2 The issues to be identified in this case are whether or not the use of the photo of John Travolta described in the magazine is considered a parody, whether or not this photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image, and finally, whether or not Rolling Stones Magazine is protected under their First Amendment rights. The rules of law the court will use to decide this case are listed below. Parody: is defined as a literary or musical work
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