Vicarious Liability This article thoroughly covers topics related to corporate liability and vicarious liability, in particular. This article refers to the legal details concerned with vicarious liability and especially those concerning today’s medical professionals and nursing staff (Ghillyer, 2014). Vicarious liability is the act of holding a governing party responsible for the actions of organizational employees and acting associates Ghillyer, 2014). This type of liability is highly litigated
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
Vicarious liability is a system of strict liability through which one entity A is made strictly liable for the torts of another, B, even though A is not at fault. In short, it refers to the circumstances where individual is held responsible for the actions or omissions of another person. In a workplace context, it can be shown that an employer for instance can be liable for the wrongdoing or omissions of its employees in the course of their employment. Nevertheless, vicarious liability also imposes
The social effects of the laws regarding the liability of teachers is an important thing to consider as laws are instigated to protect people and so if they are not being as beneficial as possible to all those involved as well as the surrounding community, then they need to be reviewed. Liability claims against teachers more often than not result in avoidable court costs and the judge deeming the teacher not liable for the injury of the child. This is why it is not particularly advantageous for the
the innocent students, and having taken the aid of the warden, they should have taken precautions hampering such lewd behavior since they knew that such behavior was not unlikely in such institutions. In short, I agree with Atiyah, who in the Vicarious Liability in the Law of Torts wrote: "The master ought to be liable for all those torts which can fairly be regarded as reasonably incidental risks to the type of business he carries on".
Florida’s Dangerous Instrumentality Doctrine (“FDID”). DISCUSSION ORIGIN OF FLORIDA’S DANGEROUS INSTRUMENTALITY FDID Founded by the court in 1920, in the case of, Anderson v. So. Southern Cotton Oil Co., 74 So. 975, (Fla. 1920). FDID imposes vicarious liability upon the owners of vehicles who permits another to use their vehicle. The FDID is unique to Florida, and it has interpreted court decisions for nearly a century. As expressed in Southern Cotton Oil “one who authorizes and permits an instrumentality
Liability in Healthcare Healthcare today has made incredible progress from its humble origins. In the past personal physician-patient relationships was based on the skillful exercise of medical expertise, today the most advanced and complex health care is centered on the hospital ( Chan) Liability for medical negligence has traditionally been focused, in accordance with the cardinal principle of individual responsibility, on the individual physician. However, due to advances and developments in
In this essay we are able to identify the Law of tort and present a case from New Zealand covering tort of negligence and vicarious liability. The word ‘tort’ is derived from the Latin term tortem to twist and implies conduct which is twisted or tortious. It now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable. A Tort is a species of civil injury or wrong no civil injury is to be classed as a tort unless the appropriate
4.0 Scope of Liability 4.1. Vicarious Liability Vicarious liability refers to an employer’s liability for the negligent acts of its employees pursuant to s 32I of the CLA. Schools are vicariously liable for the acts of their teachers or other employees in the course of their employment (‘authorised acts’) as well as unauthorised acts so connected with authorised acts that they may be regarded as modes, albeit improper modes, of executing an authorised act. This remains the case even if the school
Vicariouis Liability and Article 21 I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement
Principles of Criminal Liability "Law, with all its weaknesses, is all that stands between civilization and barbarism" (John Derbyshire) Criminal Liability is what unlocks the logical structure of the Criminal Law. Each element of a crime that the prosecutor needs to prove (beyond a reasonable doubt) is a principle of criminal liability. There are some crimes that only involve a subset of all the principles of liability, and these are called "crimes of criminal conduct". Burglary, for example
information a balance sheet provides. According to Investopedia (n.d.), “A balance sheet is a financial statement that summarizes a company 's assets, liabilities and shareholders ' equity at a specific point in time. These three balance sheet segments give investors
1. Look at the Financial Review/5 year summary. Profile an analysis of the performance of each company from their 5 year summaries. Assess the operations of each company by store growth, product range, types of stores etc. The Financial Review/5 Year Summary for both Woolworths and Tesco were analysed. This analysis included the calculations of the dollar change from 2014 to 2015 for Tesco and 2014 to 2013 for Woolworths. The percentage change was calculated determining an increase or decrease
that affects the net income include liabilities and contingencies, as well as company assets. HP’s current liabilities were 43,735,000 that included accounts payable, short/current long term debt, and other current liabilities. The total liabilities reached to 76,475,000 in 2014. This was a slight decrease from the previous are of 78,407,000 (2.5% decrease). These factors of the statement show overall trends of strengths or weaknesses of the company. The liabilities, both current and total, have been
In the season two episode two, Marcus Lemonis takes a visit to A. Stein Meat Products that is fabricated Beef and Lamb Cuts. The whole sale meat supplier is in Brooklyn, New York and it does 50 million dollars of revenue annually with a high operating costs in razor thin margins. The A. Stein Meat Products has been selling their quality meats for about 75 years to the finest restaurants along with shipping their products all over the country. In the last year they lost $400,000 if it continues the
through shared resources. Points to look at the merger or acquisition: • Cultures and systems need to be compatible between the SHAWA and the new partner for the merger or acquisition to be successful • Analyze financial of the partner to insure no liabilities are passed on that are not covered • Decide on which assets we will retain and others that will go into the deal and understand that also for the partner asset allocations • Negotiating elements: valuation, stock options, assets allocation, short
Liquidity:- Current=Current assets / Current liabilities. A company's current ratio measures its ability to pay its current debts, defined as those due within one year. It does so by comparing the company's current liabilities with its current assets, meaning those that can be converted to cash within a year or less. The formula is current assets divided by current liabilities. A value of 1 or higher is preferred. Many value investors consider 1.5 to be an ideal current ratio. Wal-Mart's current
status of each company. I will start with the Vertical Analysis but first, what does Vertical Analysis mean? Vertical analysis is a method of financial analysis in which each entry for each of the three major categories of accounts (assets, liabilities and equities) in a balance sheet is represented as a proportion of the total account. The main advantages of analyzing a balance sheet in this manner are that the balance sheets of businesses of all sizes can easily be compared. It also makes
vertically at current assets and liabilities, of both companies so I can compare these figures between Coca-Cola and PepsiCo to find out who is in better current standing. Current assets Vs. Total Assets for PepsiCo: ( 2005) 10454/ 31727 = approx. 33% of total assets are current (2004) 8639/ 27987 = approx. 31% of total assets are current Now we will look at the current liabilities vs. total liabilities for PepsiCo (2005) 9406/ 17476 = approx. 54% of the total liabilities are current (2004) 6752/
Auditor Liability Recently, the question of liability has become more prevalent in the practice of public accounting. The AICPA has been lobbying for liability reform in cases involving negligence or malpractice by public accountants. Opposition to this lobbying has come from consumer advocacy organizations, trial lawyers' associations, and state public interest groups to name a few. (Bolinger p. 53) The key to success for the AICPA, according to Gary M. Bolinger is creating an image as a