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Principles of vicarious liability
The core justification of vicarious liability
Principles of vicarious liability
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(P3.1) Liability is a burden or a party who is accountable for the breach. Contrast liability with contractual liability are both on the basis of failure to observe a duty imposed by law. One of them is an agreement and the other is by duty of performing and acting in a reasonable matter.
Contractual liability is where if one party fails to perform regarding the contract term. It is created if two or more parties intend few things to each other. As default on the agreement occurred, that is termed as breach of a contract.
In case of a valid contract between more than one or two parties, if one of the parties fail to fulfill the terms in the contract, a contractual liability occurs. For example, as Hakim offered AED 5000 for Sahir to construct
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(P3.3) Vicarious liability arises from a situation when one party becomes responsible due to unlawful actions of a third party. The liable party also becomes responsible for his own share of liability. The liability comes into existence if one party has the possibility to become responsible for a third party and does show willingness to carry out the respective responsibility and exercising control.
Such scenarios of this liability is when unlawful actions such as discriminations or harassments in a workplace occurs of an employee makes his employer liable as the employer has responsibilities of his employees or if an employee made an unlawful action such as stealing or theft, the employer or the business itself is involved as they carry the liability as they are considered to take responsibility to prevent any kind of unlawful actions performed by its employees.
TASK 4 (P4.1, P4.2)
(P4.1) The Employment Rights Act 1996 describes the rights and other issues of the employees of the firm. Hence, organizations should be conscious about the different aspects of the law to avoid any kind of problem arisen from the ignorance of the provisions of the
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Vicarious liability assigns liability for an injury to a person who did not cause the injury but who has a particular relationship to the person who did
Vicarious liability is a common law concept that refers to the liability that arises when one party, such as an employer, is legally liable for the acts or omissions of another party, such as an employee. This is because employers have a duty to take reasonable care for the safety of their employees and those of others who come into contact with them and their business. Does vicarious liability expose businesses to too much liability? In the case study 4.1 (Tardif v. Wiebe), we learned that vicarious liability does not always applied on employers for employee’s wrongdoings.
In conclusion, Fletcher’s paradigm provides another way to look at liability. In this paradigm, he is more concerned with the case itself than if it brings social utility. Fletcher also looks at the actions and risks that both parties pose on one another and uses this to determine liability.
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
It is in the best interest of Athletic Directors and coaches to know how the rule of law pertains to athletics, physical education classes and recreation as our society today has become very litigious (Wolohan, 2013). In the case where a tort or wrongful act in which an injury occurred, whole departments, institutions, along with the individual who are in charge of oversight may be sued for negligence (Wolohan, 2013). In the past, it usually was just the individual who needed to be concerned. Hence, because of the increase in civil tort suits associated with athletics which are being brought to our court system to be resolved, sports law has become a major course of study at our colleges and universities (Wolohan, 2013). Therefore, having knowledge of what is or is not a tort, may be helpful to sports administrators in how they manage staff and facilities. Furthermore, the three types of common torts that affect athletic departments are negligence, intentional negligence, and defamation. Hence, examining each further may be helpful to athletic administrators and staff in preventing civil tort law suits.
The Employment Rights Act 1996 came into force on 22 August 1996. It sets out the statutory employment rights of workers and employees.
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
In response to many theories of liability to tort, it is important to understand two major defences to negligence, contributory negligence and assumption of risk, when handling cases. This is beneficial for defendant to reduce liability when the plaintiff has succeeded to establish the three elements of negligence. In relation to hospitality industry, defences to negligence were frequently used to protect and reduce liability of the hospitality establishment. Even till today, although defences are developing and ever changing, the underlying principles however are substantially the same.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
The term “Limited liability” is generally used to describe a situation where a person is excused entirely or in part from incurring a debt after taking an action which would have required under the prevailing rules of the legal system that they pay money.
Breach of a contract – failure or refuse to perform than the contract has been breach than the other party has the right to terminate the contract.
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the employer than directly compensating the claimant.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.