their ordinary‚ dictionary meaning‚ with no exceptions. Lord Esher stated in R v Judge of the City of London Court (1892) that this should be done even if it leads to a ’manifest absurdity’. Judges who follow this rule‚ only apply the law and do not try to interpret the law. Advantages • Provides the will of parliament • Maintains the separation of powers • Encourages consistency Disadvantages • Harsh results • Absurd results • Rigid/ mechanical • Defeats parliaments intentions - Whiteley
Premium Marriage Parliament
The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
Premium Tort law Employment Vicarious liability
These condition can refer to the acute kidney diseases and disorders. In AKI‚ there are three important factors that needed to be considered. For instances‚ the kidney function estimation‚ fluctuations in the creatinine production and fluid balance. A study conducted by Jelliffe et al. (2002) found that in AKI‚ the function of the kidney is in non-steady state. Hence‚ the Jelliffe equation was created in order to estimate the glomerular filtration rate in this non-steady-state kidney function. In the
Premium Health care Blood Medicine
Facts: A Case of Cold Pizza Lee Chambers‚ the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog‚ he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White‚ the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs‚ and loss of
Premium Tort Tort law
[Cite as Pusey v. Bator‚ 94 Ohio St.3d 275‚ 2002-Ohio-795.] PUSEY‚ EXR.‚ APPELLANT‚ v. BATOR ET AL.; GREIF BROTHERS CORPORATION‚ APPELLEE. [Cite as Pusey v. Bator (2002)‚ 94 Ohio St.3d 275.] Torts — Wrongful death — Employer hires independent contractor to provide armed security guards to protect property — Inherently dangerous work exception — If someone is injured by weapon as a result of a guard’s negligence‚ employer is vicariously liable even though guard responsible is an employee of the
Premium Security guard
black. However‚ your policy is not justified because Jim Crow Laws was already over in the 1990s‚ black people are not being treated equal‚ and competing in the tournament was Dondre Green’s “pursuit of happiness.” One reason why the management is not justified is because Jim Crow Laws was already over in the 1990s. For example‚ the Jim Crow Laws only lasted until the mid 1960s. This shows that the management is ignoring The Jim Crow laws. This also shows that the management is not treating everyone
Premium Black people Race White people
McCormick v Nowland (1985) ATPR 40-852 This case is to be contrasted with McCormick v Nowland (1985) ATPR 40-852 in which the vendor’s real estate agent falsely represented that the vendor’s house was made of brick and that the swimming pool in the back yard was adjacent to a public park. The Court here held that a real estate agent owes a duty of care to a purchaser with respect to the information supplied about the property. Pincus J found that the agent had been negligent in respect of the
Premium Real estate Law Common law
Gibb v United steel companies Dock labourer injured during work as one of the wagons hadn’t been braked. Brought action against two different defecdants‚ first was a master steve dore of the docks and the second was the harbour board. The harbour board actually employed gibb and the master steve dore handled the cargo. It was held although gibbs was legally employed by the harbour board he was the servant of the master steve dore as they had the right to direct him. Walker v Crystal Palace
Premium Employment
“self-protection”‚ is carefully reviewed by assigned third party arbitrator. It is understood that any claim of medical malpractice‚ including any claims from Nittany Regional Medical center‚ arbitration party has carefully reviewed of legal laws and previous similar cases prior to binding this arbitration clause. The Arbitration party has concluded that suspension of Mr. Kevin Hyer was not fair‚ therefor we have come up with that suspension of Mr. Kevin Hyper shall be removed from his record and Nittany
Premium Nursing Arbitration
Running Head: Case Study #4 Case Study #4 Initial Thread Jean S. Hamby BUSI 561 Liberty University Introduction Betty Wilson has decided to open a coffee shop and is considering various options including franchising‚ sole proprietorship‚ joint venture‚ corporation and partnership. In addition to determining the best legal entity to form‚ Betty has to decide if she will employ or partner with various friends and family members. Finally‚ she plans to name the coffee shop The Gathering
Premium Corporation Types of business entity Limited liability company