(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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CHAPTER 3 QUESTIONS 1. Why do you‚ as a healthcare professional‚ need professional liability insurance? List and discuss nine reasons. At any time and in any given situation‚ a dissatisfied individual can choose to bring a complaint against you. When people sue‚ they usually name everyone they perceive as having had anything to do with the situation—you‚ your business‚ those with whom you share office space. Routinely‚ claimants sue as many individuals as possible. Regardless of who is negligent
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of his/her employees. And after that I will focus on some of the reasons why one person is held liable in certain situations for the torts committed by another person. And then I will finally finish the essay with a conclusion at the end. Vicarious liability is where one person is held liable for the torts of another‚ even though that person did not commit the act itself. For an employer to be held liable for the tort of her/his employees‚ three conditions must be fulfilled. First‚ it should be
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True / False Questions 1. Companies can now make vast amounts of information available to employees and customers on their Internet‚ intranet‚ and extranet sites. True False 2. An intranet is a private piece of a company’s Internet network made available to customers or to vendor partners using secured access by a unique password. True False 3. The extranet is a company’s internal Web site‚ which contains information for employee access only. True False 4. Many of the wonderful
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Table of Contents: Page Number Outcome-1………………………………………………………………….3 Outcome-2………………………………………………………………….5 Outcome-3………………………………………………………………….6 Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities‚ the formation of a contract has given below in Figure 1: [pic] By the formation of contract‚ the legal position of Bill
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When a business is conducted between a buyer and a seller via a representative‚ the legal relationship between the seller / the principal and the representative / the agent is governed by the Law of Agency. A fiduciary relationship created under the law of agency in which one person has a legal authority to act for another‚ can arise from1. 1. An oral or written expressed agreement‚ whereas agent is appointed by the principal for a particular task‚ 2. Ratification of an agent’s conduct
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privileges of employment‚ because of such individual’s race‚ color‚ religion‚ sex‚ or national origin; or” (Title VII of the Civil Rights Act of 1964 SEC. 2000e-2. [Section 703]) Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment. According to The U.S. Equal Employment Opportunity Commission‚ “EEOC ’s Guidelines define two kinds of sexual harassment: "quid
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the information doesn’t get erased from the hard drive all Mr Johnson personal information can get stolen and used on illegal activities and this is very unethical and unmoral from Larry. Computer World will be liable for Larry’s actions by Vicarious Liability – LAW (When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by
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control at all times. More important‚ the principal is liable for the consequences of the actions that the agent performed‚ and the actions and words exchanged between an agent and a third party are binding to the principal. This is known as vicarious liability and it is the reason business owners must be extremely careful of who they hire to represent his/her company. Agency theory is the idea that the agent does not always have the principal’s best interests in mind. A voluntary‚ good faith
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Swimmingpool Co Pty Ltd employs Martin as the manager of their Tasmanian sales division. Martin is to quote to potential customers the cost of installing the various pools that the company offers‚ to draw up any new contracts on behalf of the company and further to ensure that a deposit is paid by potential customers‚ monies which are then deposited in the company’s bank account. Martin is on a fixed salary but his contract of employment allows for the payment of a bonus if he exceeds his annual
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