To: Senior Attorney From: Paralegal Re: Vicarious Liability John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine‚ in most cases‚ an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons‚ regardless of what they were‚ and negligently
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To make matters worse Jessica crashes her car on the way to a meeting due to negligence when driving. She hits a school bus and the bus driver and some children on the bus end up being hospitalized. “There are three types of defects that incur liability – manufacturing‚ design defects‚ and marketing defects.” (J.‚ & D.‚ 2010) From the case presented we are ruling out manufacturing and design defects. The only case that National could have against WV Steel would be one based on marketing defects
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Tran Le The Nhu _ BBA01Qt03 Compare between Private Enterprise and One member limited liability companies Differences | | Private Enterprise | One member limited liability companies | 1. Capital owner | The owner of enterprise must be an individual (Article 141 – paragraph 1) | Is an enterprise which is owned by one organization or individual (the company owner) (Article 63 – paragraph 1) | 2. Share and security | Shall not be allowed to issue any type of securities (Article
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Legal‚ Political‚ Ethical Dimension - Week 5 Midterm 1. Question : TCO B. After the 2010 fall election‚ the Democratic National Committee (DNC) decides to take matters into its own hands. During the lame duck session‚ they pass a new "Elections Are Free Act" that requires single people who make more than $75‚000/year or married couples who make more than $150‚000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must
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(Outcome 3.1) 3 Contrast liability in tort with contractual liability using the situations in the scenario 3 Task 2 (Outcome 3.2 & 4.1) 4 Explain the nature of liability in negligence and apply the elements of the tort of negligence and defences in situations above 4 2.1. Duty of care 4 2.2. Breach of Duty of care 5 2.3. Strict liability 6 2.4. Apply to scenario 6 Task 3 (Outcome 3.3 & 4.2) 8 Explain how a business can be vicariously liable and apply the elements of vicarious liability in the scenario above
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Ruff (1995) stated that the criminal liability of producers‚ distributors and suppliers of unsafe products is covered under Part II of the Consumer Protection Act of 1987‚ which has mandated a general safety requirement. The producer‚ distributor or supplier of unsafe products incur criminal liability for failure to exercise due diligence. The law is strict but the criminal liability can be dispensed with after showing that they exercised due diligence and have reasonable grounds to believe that
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AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will
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University of Phoenix Material BUGusa‚ Inc.‚ Worksheet Use the scenarios in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Altrese Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. (WIRETIME) has committed trade libel. WIRETIME’s advertisement satisfies the three conditions of trade libel as defined by our text (Melvin‚ 2011‚ p.212): 1. Clear and specific reference to
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The limited liability partnership; A hybrid of two different forms of business organizations – the partnership and the company. The Limited Liability Partnership (LLP) was introduced as a new business entity in Singapore in 2005. Its definition under S14 of the Limited Liability Partnership Act (LLPA) shares a resemblance to S1 of the Partnership Act (PA): it comprises of two or more persons carrying on a lawful business in view of profit upon registration with the Accounting and Corporate Regulatory
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the laws under product liability. Product liability entails that “the liability of manufacturers‚ sellers‚ and others for the injuries caused by defective products (119).” Zoom Car Company showed negligence by not properly assembling the item‚ testing the product‚ and product design. Which makes both companies at risk for strict liability under the doctrine of strict liability in tort‚ Zoom Car Company and Corrigan Rulers‚ responsible for the negligence in a product liability lawsuit. “A seller can
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