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The Importance Of Vicarious Liability

1594 Words7 Pages

Vicarious liability alludes to a circumstance where an individual is considered in charge of the activities or exclusions of someone else. In a working environment setting, a business can be at risk for the demonstrations or oversights of its workers, if it can be demonstrated that they occurred throughout their job. There are two conditions which should be fulfilled for vicarious liability: • The relationship between labourer and the individual they work for is that of business and worker. • Tort was committed by the worker over the span of their occupation. Generally, in associations, are not subject for a self-employed activities be that as it may, if the association ‘authorises’ the temporary worker to confer the tort or in the event …show more content…

Soon thereafter while out making deliveries the vehicle brought about a mischance in light of the fact that as the driver attempted to brake, the vehicle did not slow down or stop and hit another vehicle. At the point when the vehicle was inspected it demonstrated that there was a gap in the brake liquid and that is the reason the brakes neglected to work. The Conveyance Company blamed the Technician Company for not completely checking the braking mechanism after they had changed the brake pads and that they were in charge of bringing about the mishap because of their …show more content…

Vicarious liability can be claimed for personal injury, damage to property and economic loss. For vicarious liability to be proven there must be: * A relationship between employee and his/her employer must be there. * Tort must have been committed by the worker resulting in harm. * This tort was committed whilst undertaking their manager’s instruction the tort was committed. Personal injuries The most widely recognized cases economic loss close to personal injuries coming about because of carelessness at work. In these cases, the harmed individual must get compensation. There are Health and Safety regulations, which requires that each business gives a protected working environment and safe methods to his/her workers. In the event that a worker endures an individual damage while at work, his/her boss will be

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A player on a Rugby team had extended his arm during a tackle which caused the opponent to break his jaw. The judge ruled that the club is responsible due to vicarious liability in having players carry out actions on demand of the club. The player’s action was revealed to be part of a strategy to get rid of one of the three players on the opposing team that would make the game difficult for them to win. This case is different in ruling due to the fact that the players are under a payed contract as an employee to play the

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517 Words | 3 Pages

Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).

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Mr. Maxwell on October 8, 2000, suffered an on the job injury that results in workers compensation claim for injury. During the time of injury, Mr. Maxwell was unable to work and collected income from the claim. The defendant Mr. Maxwell wanted to work and had a loyal history of working on time at The Bay State Paper Company. One of the issues of the case stated by AIG was that Mr. Maxwell was working during his time of collection and was receiving an income from janitorial

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955 Words | 4 Pages

While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation.

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Even though working conditions are the responsibility of the employer, it is the job of the employee to practice and implement safe working practices. In order to determine if the company is responsible, a complete report including the employee’s actions should be considered. The incident could just be an outcome of employees not practicing safe working procedures. Whether the penalties are sufficient, that would depend on the outcome of a complete investigation of the

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555 Words | 3 Pages

The cause between a human act and the harm suffered has to be the direct intention of the defendant. The circumstance here shows that Swaffords action were intent on the murder of his 2 coworkers. This falls under harm as well. Harm must be caused to a legally protected value, in this case the lives of Zotter, and Cooley.

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Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? 
Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball.

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Under work health and safety laws workers and other people at our workplace must take reasonable care that they do not adversely affect

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Just earlier this very year, there was a horrible fire at the Triangle Shirtwaist Factory where 146 workers perished. Some died from the fire and others from jumping from the windows in order to escape it. Triangle Shirtwaist has brought the plight of these poor workers to the forefront as the public takes notice of the lack of safety measures in place at not just this factory, but many similar workplaces, and demands that something be done to prevent such a tragedy from occurring again. I believe one of the first steps to creating a safer workplace is having government regulations in place that prevent the mistreatment of workers and ensure that employees can escape in case of emergency. The regulations themselves should not be just broad, but address the many issues that workers face in order to give the workers the safest and healthiest working environment possible.

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1A. Duska disagrees with Bowie because he believes that if an employee knows and believes that his employer is doing something they shouldn’t be then he doesn’t have to act loyal to his boss to show that he is actually loyal to his coworkers or company. He should do what is right for the company, which is letting someone know that their boss doesn’t have any integrity and actual loyalty to the company to make it better the proper way it should be. 1B. Duska brings up commercialization of work as businesses only thinking about them and their profits. They don’t care if their employers enjoy the work they are doing, the companies want the money they make to override the employees and exploit the work they do. Duska believes that loyalty is important because it’s what ties an employee to their job and to be able to love what they do.

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771 Words | 4 Pages

Health and safety at work act 1947 The health and safety at work is the legislation, which covers the employees’ health and safety in the UK. The law requires a high level of management that employers must follow, they must look at risks and assess them and take a sensible measure to prevent these risks from happening. This policy and procedures is for Risk assessments and the fire policy/procedure. This promotes safety because care organisations have to make sure that they are able to provided a safe environment in a health and social care setting.

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The contaminated water supply then resulted in the death of little children, and parents had to bury their own children. Therefore, there is no reason not to have prosecuted the two corporations as all the elements of negligence are displayed here. Consequently, both corporations whether it was intentional or accidental, committed an act of negligence. Although nothing can be done to undo the losses, both companies must have apologized and compensated the damages

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Parts of equipment breaking and hitting the worker in the head is a common thing. More than 15% of concussions are from blunt force trauma to the head (Traumatic Brain). The workplace is the most common place for injuries. A workplace head injury is the most common injury in the workplace. There are many workplace injuries that are preventable, but there are many more that can not be prevented.

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TASK 1.1 Importance of operation management Operations management (OM) is the business function responsible for managing the process of creation of goods and services. It involves planning, organizing, coordinating, and controlling all the resources needed to produce a company’s goods and services. Because operations management is a management function, it involves managing people, equipment, technology, information, and all the other resources needed in the production of goods and services. Operations management is the central core function of every company. This is true regardless of the size of the company, the industry it is in, whether it is manufacturing or service, or is for-profit or not-for-profit.

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