Employer’s Duty of Care Jerry Sutherland Instructor Dr. Smith LEG500 2/13/11 Explain whether Jake’s actions are in or out of “his scope of employment.”? Jake actions are in the scope of his employment‚ he has been promoted to the service manager position. If the other service techs are busy or can not keep up he is qualified to jump in and help out. The only question of his position I have is how many employees Jake has below him. If he has no employees
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The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case
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HISTORY OF FUNDAMENTAL RIGHTS The Fundamental Rights and Directive Principles had their origins in the Indian independence movement‚ which strove to achieve the values of liberty and social welfare as the goals of an independent Indian state.[1] The development of constitutional rights in India was inspired by historical documents such as England’s Bill of Rights‚ the United States Bill of Rights and France’s Declaration of the Rights of Man.[2] The demand for civil liberties formed an important
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Unit 304 2.1 While working in care‚ the aim is to give the best possible standard of care to service users‚ but sometimes there can be a conflict beetween the individual’s or their family’s wishes and rights and the duty of care. In this case the most important thing is to decide whether the person is aware of the risks and consequences of the decision and has the capacity to make the decision. Before taking best interest decisions I have to make sure that the person definitely lacks the capacity
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RIGHTS OF AGENT: Following are the rights of agent. (I) RIGHT OF REMMUNERATION: It is basic right of an agent. (II) RIGHT OF COMMISSION: He has also right of commission. (III) RIGHT OF LINE: An agent has right of line over goods until the payment in due is received by him. (IV) RIGHT TO RETAIN: An agent has right to retain goods‚ papers and other property until the amount due is paid. (V) RIGHT OF COMPENSATION: In case of injury caused to agent by the negligence of principal
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Major Assignment: Directors’ Duties Case Part A: Whether the directors are in breach of their duties of care‚ skill and diligence Issue1: who owes the duty? According to S 9‚ the person who is appointed to be a director or the person who is appointed to be an alternate director and is acting in that capacity‚ is a director of the company. (S9) As we can see from the case‚ Peter Pansy‚ Fred Fuchsia and Marie Gold are directors of the company‚ and Alison Astor who is appointed to fill a casual
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Moral Duty of Care 1 MORAL DUTY OF CARE Moral Duty of Care 2 There are so many challenges when dealing with a sick loved one. But it can even more difficult when they are unable to speak for themselves‚ uninsured
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individual for the purpose of carrying on a business. The partners have some rights and the following are the rights of the partners: 1. Every partner has a right to take part in the management of the business; 2. Every partner has a right to be consulted about the affairs of the partnership business; 3. Every partner has right to inspect the books of accounts and have a copy of the same; 4. Every partner has a right to share the profits (or losses) with others in the agreed ratio; 5. If a partner
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Negligence and Duty of Care Robin McClish Kaplan University Negligence and Duty of Care Scenario: As pedestrians exited at the close of an arts and crafts show‚ Jason Davis‚ an employee of the show’s producer‚ stood near the exit. Suddenly and without warning‚ Davis turned around and collided with Yvonne Esposito‚ an 80-year-old woman. Esposito was knocked to the ground‚ fracturing her hip. After hip replacement surgery‚ she was left with a permanent physical impairment. Esposito filed suit
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Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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