Negligent Hiring: An Ethical and Legal Overview Introduction The subject of negligent hiring has gained considerable attention in the past few years as companies recognize the ethical and legal issues associated with negligent hiring. Currently‚ all fifty states and the District of Columbia acknowledge some form of negligent hiring as a cause of action for liability although the law has been inconsistently applied among the federal and state courts in a number of cases. While the legal requirement
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Negligent Tort Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three
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popular or as profitable as they expected‚ and turnover has declined even further since they took over the business. Are Charlie and/or Harley able to take any action against Max? This essay will discuss the requisite elements for establishing negligent misstatement and the issue of liability to third parties. This area of business law is supported by a number of cases‚ which have established
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NEGLIGENT ADVICE To prove that negligence exists‚ three elements must be established. DUTY OF CARE Two factors must be established‚ relationship proximity and reasonable foreseeability. According to Hedley Byrne principle(Hedley Byrne v Heller & Co Ltd [1964] AC 465)‚ there was a relationship of circumstantial proximity between a professional financial adviser and client‚ which gave rise to Denise owing Charlie the duty of care because Charlie would rely on Denise with the intention
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reliance on that breach‚ and lastly is to determine whether the losses were an equitably foreseeable consequence of the defendant’s actions. CONTENTS Negligent misstatement refers to a representation of fact that been carelessly made‚ which is relied on the plaintiff to their advantages (O’Riordan‚ 2007‚ p.1). In 1964‚ the tort of negligent misstatement has been established and it has gained more recognition in this decades. It covers opinions and reality statements made by negligence. However
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Introduction It is imperative to determine whether or not the relationship between Investment Bhd (the Company) and A Bank Bhd (the Bank) is bound as a contract. Forming a legally binding agreement‚ or a contract‚ requires four elements; an offer‚ the acceptance of that offer‚ the intention to be legally bound‚ as well as consideration. Referring to the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui‚ the lack of an offer and acceptance will cause an agreement to be declared void from the
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NORTHCENTRAL UNIVERSITY FOUNDATIONS FEEDBACK SHEET Activity 4 Please use this document to submit Activity 4. You can simply start typing in the first blank page (recommended) or paste in text from another document into the first blank page. Please save this file as: Your last name‚ first initial‚ e.g.‚ BTM7101-4 (DoeJBTM7101-4). Please save a copy of this file for yourself. Academic Integrity: Please see and follow the Academic Integrity Policy in the Learner portal. Your
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which means family‚ a certain race‚ or stature. This does not seem like a bad idea from a far that it is just people hiring family cause they know them‚ and the other reasons because they went to the same school as them or they just feel more comfortable. Though some people think this is fine that they hire whom they want‚ but is not fair and risky especially hiring only family. Hiring family always seems like a good idea because they are always there to help‚ and should not cause any trouble while
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Jesse Zilio Hiring outsiders The article that I will be discussing is called Pros and Cons of Hiring outsiders. This article is all just based on what we discussed in class. In class‚ I recall that this is a very serious decision that managers just make. There are many benefits to hiring from the outside‚ along with many disadvantages. I will start off by discussing the benefits from hiring from the outside. When some companies seem to be stuck in old traditional work places‚ it get boring
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Hiring for profit In the society we live in today‚ where the outside beauty is more important than the inner beauty. Businesses realized how to use that beauty to make a great amount of benefit become quite successful. Attractive and trendy employees will help draw more customers to a specific store and will generate more profit for that company. This is a commonly practiced hiring technique that is not against the law. It might be seen as discrimination in only hiring only certain type of
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