EXAM OVER CHAPTER #20 1. I: The issue in this case is to identify what type of authority had the agent. R: Actual authority depends upon consent that the principal manifests to the agent. It may be either express or implied. In either case‚ such authority is binding and confers upon the agent both the power and the right to create or affect the principal’s legal relations with third persons. The express authority of an agent‚ found in the spoken or written words the principal communicates to
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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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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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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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their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing their
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Limited Liability Corporation and Partnership FIN419 - Finance for Decision Making Date Instructor’s name Limited Liability Corporation and Partnership Paper Limited Liability Corporation and limited liability partnership are two of several types of structures that individuals can give thought to forming when starting a business. To form a corporation each member has limited liability‚ but the corporation has full liability. Forming a partnership requires at least two people‚ which
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It is probable that Bob will attempt to claim damages by finding Dale Cooper liable for vicarious liability‚ as he began to suffer from PTSD after killing Mike. Much like Mike’s estate‚ Bob will also have to prove that the requirements for vicarious liability are suffice. However‚ Bob’s claim falls short of success due to the defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945‚ Section 1(1). It was clarified in Pitts (1990) that one party cannot be the completely
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Academy of Management Review 1981. Vol. 6‚ No. 1. 105-113. Vicarious Learning: The Influence of Modeling on Organizational Behavior CHARLES C. MANZ Auburn University HENRY P. SIMS‚ JR. Pennsylvania State University The social learning theory notion of vicarious learning through modeling can elucidate the phenomenon of behavioral change in organizations. Vicarious learning encompasses attentional‚ retention‚ motor reproduction‚ and motivational processes. If any of these processes is lacking
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the highest level of significance. Therefore‚ product liability is known as an issue which can jeopardize whole the business. There are many cases about companies who went bankrupt due to small potential liability issues which in normal circumstances nobody noticed and considered them as a factor. That is why only experienced and veteran attorneys handle product liability concerns and that is the reason why a company must consider product liability as one of its potential risks with high level of consequences
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4: OCCUPIER’S LIABILITY Occupier’s liability forms part of the liability arising from the occupation of premises. It is therefore related to nuisance‚ Rylands v Fletcher‚ breach of statutory duty and basic negligence. Occupier’s liability covers liability for damage (usually personal injury) which occurs to entrants on to the premises of the defendant. In the Commonwealth Caribbean‚ Barbados and Jamaica have enacted statutes substantially similar to the English Occupiers Liability Act 1957. Barbados:
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