LEG 500: Law, Ethics, and Corporate Governance | Assignment 3-Employers Duty of Care | 8/14/2011 | 1. Explain whether Jake’s actions are “in or out of his scope of employment.” The definition of “Scope of Employment” according to Oklahoma States Risk Management and Environmental Health and Safety is, “Scope of employment: means performance by an employee acting in good faith within the duties of his office of employment or of tasks lawfully assigned by a competent authority including
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Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to
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There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective
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Case note on Carmel Collins v Mid-western health Board and O’ Connor This case concerns the death of a man in his early 40’s from a subarachnoid haemorrhage. In the HC the learned trial judge found there to be no action in negligence. The case was appealed to the Supreme Court. The deceased first fell ill on the 20th February 1991 while at work on a building site. He visited the second named defendant in his surgery later that day, after his wife had made an appointment over the phone. She
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Lighters: Child’s play or liability? According to the U.S. Fire Administration, over 35,000 fires are set by children each year and 8,000 of those fires are set in homes (“Curious Kids”, 2006). Fires can be very attractive and many children are fascinated by it. Oftentimes children are exposed to some type of fire, from a lit candle on a birthday cake to campfires and fireplaces, or even fireworks. Many children become curious of this phenomenon and almost always, they will attempt to start a
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Case Summary Citation: Loucks v. Albuquerque National Bank, 76 N.M. 735, 418 P.2d 191 Facts: The plaintiff-appellants, Richard A. Loucks and Del Martinez (the “plaintiffs”) were business partners in the name of L & M Paint and Body Shop in Albuquerque, New Mexico. Prior to March 1962, Martinez operated a business under the name Del’s Paint and Body Shop. Martinez did his banking with defendant bank Albuquerque National Bank (the “defendant”) and dealt with Mr. Kopp, the vice-president of the
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ASSIGNMENT 1 Kylie Pang Caro v. Bron Claim against Bron for assault Assault occurs when the defendant directly produces apprehension in the plaintiff of battery. It is clear that because Caro attempted to spin around and avoid Bron, that she was aware of and anticipating a direct physical act on her person. Bron would argue that she did not intend to cause physical harm but there does not need to be intent to cause harm – only intent to act. By “skating full speed into a crowd of people”
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Franco Chuquilin Business Law 1. Tort - Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for
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PARENT/GUARDIAN CONSENT AND RELEASE AND WAIVER OF LIABILITY PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS THIS RELEASE AND WAIVER OF LIABILITY (the "Release") executed on [DATE] _____________, 20_____, by __________________________ [PLEASE PRINT MINOR’S NAME], a minor child (the "Participant") and __________________________[PLEASE PRINT PARENT/GUARDIAN NAME], the parent having legal custody and/or the legal guardian of the Participant (the “Guardian”), in favor
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Ochampaugh v. Seattle 588 P. 2d 1351 (Wash. 1979) Facts Ordinary pond owned by the city Popular with area residents for fishing and swimming The two boys were familiar with the pond and had gone there before. Neither boy could swim. There were no warning signs around the pond. The pond, while man-made, was in existence before the city purchased the land. Issue Was the pond a “trap” or extraordinarily dangerous enough to render it an “attractive nuisance” to children and thus create
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