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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– Tort: a civil wrong for which the remedy is a common law action for unliqudated damages‚ and which is not exclusively the breach of contract or trust or other equitable obligation Sir Percy henry Winfield- tort – the breach of duty affixed by the law‚ where the duty is one towards the person generally and its breach is redressible by action of damages Person commits tort = tort-feasor/wrongdoer Wrongdoing – tortious act Injured part – can claim unliquidated damages eg. Compensation Damages
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THE DUTY OF CARE OWED BY TEACHERS TO STUDENTS For a student to succeed in an action in negligence against a teacher or school authority it is necessary for the student to establish: that the defendant owed a duty of care to the student; that the standard of care was breached; and that this breach has caused the student to suffer some form of damage. The duty of care owed to a student by a teacher is that of a ’reasonable’ teacher. This means that the duty of care owed is the duty one would
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The duty of care has been breached Law 02 the second sttage of negligence You have not started this quiz yet. You have 17 questions to answer. ------------------------------------------------- Top of Form 1. Breah of duty is the second stage of negligence. We can prove if there was a breach of duty by using the ’............’ test * reasonable person * reasonable man * degree of risk * standard of care 2. In this test there is an ’.........................
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Was there a duty of care? In this case there a number of legal issues and the first and foremost of these issues is was there a duty of care? Duty of care‚ as a general rule‚ is that the defendant who owes a duty of care to all persons who it is reasonably foreseeable will suffer loss or damage as a result of the defendant’s actions. The principle law that can define duty of care and what it may entail is Donoghue v Stevenson [1932] AC 5621. In this situation there was a duty of care for the defendant
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Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Employers have a certain degree of liability when making statements in a former employee’s reference. Employees and employers have a duty of care‚ to provide valid descriptions of an individual’s quality
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ABSTRACT This essay deals with the law of torts‚ and more specifically the tort of negligence. It discusses cases and judgements related to it. It concludes by looking at the elements of negligence and their meanings. THE LAW OF TORTS A tort is basically a civil wrong. A civil wrong is an act‚ intentional or otherwise‚ the consequences of which include‚ but are not limited to damage to life or property‚ injury to a person‚ emotional or mental trauma‚
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Negligence may be broadly defined as the failure to exercise reasonable care to avoid injuring their property. The situation of each case is how the definition of reasonable care is concluded. Most of the time negligence is linked directly to carelessness. The four factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is breached by the tortfeasor‚ there is causation of injury‚ and damages
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Application of English Law Act and Singapore courts mainly concern themselves with the old‚ pre-statue English court decisions. Two main steps are followed to establish a duty of care. First‚ the factual occupier has to be identified by virtue of control. Second‚ the type of entrant has to be identified as the standard of care depends on whether one is an invitee‚ a licensee or a trespasser. Spandeck Test The case of Spandeck Engineering (S) Pte Ltd v. Defence Science & Technology Agency (Spandeck)
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may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a duty of care when the advisee seeks information from an advisor who has special skill and where the advisee trusts the advisor to exercise due care‚ and that the advisor knew or ought to have known that reliance was being placed upon his skill and judgment. However‚ in this case there was an express disclaimer of responsibility
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