the rights and welfare of the employees are also guarded and protected by the different laws and legislature by specifying the responsibilities of the managers to his or her employees One example would be regarding Tort Negligence wherein a party may sue another due to negligence of that party ’s responsibility (NSW WorkCover Website . In this case ‚ an employee may sue the employer in cases wherein the employer neglected his or her responsibility to his or her employee . In this case ‚ the law is
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specific area of auditors ’ liability to third parties is an extremely complex area. As there is no contractual claim for recovery of losses‚ third parties take action in tort. Some time ago it was believed that recovery of losses from auditors for negligence was not possible‚ because there was no contractual relationship between the parties. But some time later Auditors in Australia were subject to a much higher level of liability to companies and third parties due to the wide scope of statutory obligations
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a) Identify aspects of the media report that relate to the law This article reports about the case filed by Anastassia Zissis suing McDonald’s after the slip on at the back of the Myer Centre. Anastassia Zissis injured due to slip on liquid that been spilled in an access passage. These gave rise to different areas of law such as: Contract Law According to Lambiris (2012)‚ the Contract Law is the law about private agreement that give rise to enforceable responsibilities and rights legally
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SERGIO F. NAGUIAT‚ doing business under the name and style SERGIO F. NAGUIAT ENT.‚ INC.‚ & CLARK FIELD TAXI‚ INC.‚ petitioners‚ NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION)‚ NATIONAL ORGANIZATION OF WORKINGMEN and its members‚ LEONARDO T. GALANG‚ et al.‚ respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi‚ Inc. (CFT). Due to the phase-out of the US bases in the country‚ Clark Air Base was closed and the taxi drivers of CFTI were separated from service.
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themselves‚ Buick was responsible for the final product that made it to consumers since it was Buick’s responsibility to test and inspect the wheels to ensure that they were safe and therefore‚ is negligent. 1. The court held Buick liable in tort for negligence in manufacturing a product with a danger. Buick argued that it should not be liable because it did not make the wheels. Why not make the injured party sue the producer of the defective part? In today’s economic market‚ companies rarely produce
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- Railway line operated by BRB ran through property open to public - Fences were in poor repair - 1965 children seen on line - Child severely injured when he stepped on line after passing through broken fence - Plaintiff claimed damages for negligence Ruling - House of lords held over trespassers‚ a duty to take steps as common humanity to avert danger i.e. fix the fence If the presence of trespassers is known or foreseeable‚ step must be taken Case – Paris Vs Stepney Borough Council
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Sample Paper for IEEE Sponsored Conferences & Symposia Derong Liu‚ Fellow‚ IEEE‚ and MengChu Zhou‚ Fellow‚ IEEE Abstract— The abstract goes here. What you need to do is to insert your abstract here. Please try to make it less than 150 words. We suggest that you read this document carefully before you begin preparing your manuscript. IEEE does not want conference papers to have keywords so you should remove your keyword list. Also‚ at this time‚ IEEE only has some general guidelines about
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refused to move off Assault - intentionally or negligently creating in another an apprehension of imminent harmful or offensive contact - unique in that the damages are for emotional reaction - the apprehension must be for battery (not negligence‚ conversion‚ trespass etc) – Richardson v Rix - doesn’t need an intention to harm - just an intention to create apprehension - apprehension is not fear – a brave person can still expect harm‚ and hence suffer assault - if the plaintiff
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ISSUE Is the defendant negligent and liable for injuries to the plaintiff? RULES In negligence‚ a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old
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BURDEN OF PROOF CASES R v. Oakes (SCC 1986) * Narcotics Control Act s. 8 puts persuasive burden on A by saying A ‘shall’ (as opposed to ‘may’‚ so judge has no discretion) be convicted of intent to traffic if he doesn’t ‘establish’ that he didn’t intend to traffic * Therefore R has a lesser burden of proof‚ just needs to prove that A was in possession‚ and R could get charge for possession AND trafficking * this puts defence in position where they’ll have to put A on the stand‚
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