The Common Law Concept Of Vicarious Liability

The Common Law Concept Of Vicarious Liability
Introduction
The common law concept of vicarious liability is an element where an organisation/company is responsible for the negligent acts that an
employee does which the employer represents contrasting to corrective justice where the role of the employer is dependable on and not the
actual fault. This area of law has experienced significant developments. The courts have placed great value on the risks created by an initiative
in determining the extent of liability. I will further discuss whether the law on vicarious liability is incoherent and unpredictable or not since
there have been many downfalls and inconsistency under tort law.
Main
There are two main elements to establish in vicarious liability. Firstly there must be an 'employment relationship ' and secondly, that there has
been previously an act of negligence during the 'course of employment' (i.e. during the time when the tortfeasor was at work) . This is also
referred to as the Salmond test which looks to the person 's act focusing on what the employee was hired and told to do by the employer. Acts
beyond this may cause the employer to be vicariously liable by reason of similarity .
Non–delegable duties
One of the theories that are developed to underpin vicarious liability is employers' liabilities such as non–delegable duties. Robert Stevens
states that a non–delegable duty is where you take responsibility not only to look after yourself but someone else too and if failed then you
have discharged your
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Shoul Vicarious Liability Case Study
This scenario clearly states that the nurse–anesthetist had the duty of care when administering the anesthesia to the patient. With the assistance
of the physician she neglected her duties by not properly inserting the tube into the patient's trachea, instead it was placed into the patient's
esophagus causing an eruption and lack of the proper oxygen to the patent.
The nurse–anesthetist job is to monitor a patient's vital signs during surgery and to inform the doctor of any changes while the patient is
undergoing surgery. Since the changes in the patient's vital signs was overlooked the patient went into cardiac arrest and died under anesthesia.
This article will express the difference between respond eat superior and vicarious liability. It will also give emphasis as to whether the
physician ... Show more content on Helpwriting.net ...
The other party can be deemed equally responsible for the injuries that were instructed by the other party. For there to be vicarious liability in
respect of an employee, the traditional rule is that the act must be "in course of his employment", which does not rule out negligent or even
deliberate wrongs by the employee but excludes cases where the employee has gone off on a frolic of his own (Hill, 2005).
Steps to Avoid Vicarious Liability
1. Employers need to ensure that that they have taken the proper steps to avoid omission from occurring.
For example, maintaining up–to–date policies and providing anti–discrimination training to staff demonstrating an active commitment on the
part of the employer towards combating discriminatory practices in the workplace.
2. As an employer one needs to reduce the likelihood of being held vicariously liable for any discriminatory acts committed by its employees
(ACAS,

Assignment 2 The Gig Economy
Latisha Love BUS 500 August 27, 2017 Dr. Brvenik Assignment 2: The Gig Economy To: Administration and Hiring Managers From: Uber
Legal Department Date: 8/24/17 RE: Legal Liability for Drivers' Conduct There have been several instances of driver misconduct that have
resulted in the Uber being held liable. This communication is an attempt to provide clarity to drivers and affiliates as to how misconduct
affects the whole team. The main principles of Uber will be discussed as well circumstances that can result in company liability. Lastly,
policies implemented in order to minimize liability is discussed. Summary of Main principles Actual express authority, this principle provides
that the principle (Uber) enters an explicit agreement with the agent (drivers) to take part in a given action such as giving orders for them to
transport people from one point to the other. Actual implied authority provides that Uber enters into an explicit agreement to employ agents
that are the drivers although the principle has not specifically authorized the particular action at issue, the agent can reasonably infer that the
authority for that action has been delegated to him. The principle of apparent authority, implies that principal does not have an agreement with
the agent but with the third party who is the customer or rider. If the principal, in this case, orders the agent not to take a given route due to the
bad conditions of the road the agent will not go against the will

Li Hoi Shuane: Case Study Of Simon And Jane
Hong Kong Baptist University College of International Education LLAW2006 Legal Aspects of Marketing Section 2 Group 18 – Written
Assignment Name: Lee Kai Hei Ezra Student Number: 14682184 Content: (1) Case study of Simon and Jane – Background – Issue – Test for
vicarious liability: – Analysis – Conclusion (2) Case Study of Li Hoi Shuen v Man Ming Engineering Trading Co. Ltd. [2006] 1 HKC 349 –
Background – Issue – Analysis – Hold (3) Case Study of Ming An Insurance Co (HK) Ltd v Ritz Carlton Ltd (2005) 5 HKCFAR 569 –
Background – Issue – Analysis – Hold (4) Conclusion (5) References (1) Case study of Simon and Jane Background: Simon is employed by
the Post office to deliver mails. On one Tuesday, he is driving the Mail car ... Show more content on Helpwriting.net ...
There is a link between the tort and the employment. There is a closely connection that can hold to their company vicariously liable fairly and
justly. (5) References Judgment of Lister and Others v. Hesley Hall Limited [2001] UKHL 22, achieved from British and Irish Legal
Information Institute http://www.bailii.org/uk/cases/UKHL/2001/22.html Judgment of Li Hoi Shuen v Man Ming Engineering Trading Co.
Ltd. [2006] 1 HKC 349, achieved from ONC Lawyer
http://www.onc.hk/pub/oncfile/publication/employment/1108_EN_Employers_Liability_Regarding_HK_Employees_in_China.pdf Winnie, C.
(2011). Employer's Liability for Hong Kong Employees Working in Mainland China.
http://www.onc.hk/pub/oncfile/news/firm_news/1112_Employer___s_Liability_for_Hong_Kong_Employees_Working_in_Mainland_China.pdf
Judgment of Ming An Insurance Co (HK) Ltd v Ritz Carlton Ltd (2005) 5 HKCFAR 569, achieved from Hong Kong Legal Information
Institute

Theories Of Liability Direct, Vicarious, And Enterprise
There are three theories of liability direct, vicarious, and enterprise. Direct liability has four types that are direct one of which is the principle
in the 1st degree aka "the Perpetrator" which is someone who committed the crime willing on his own accord. The second is the principle in
the 2nd degree aka "the Accomplice" which is someone who assisted the assailant with the delegation of the crime while also wanting to
commit the crime at the same time he/she is also present during the scene of the crime. An accessory before the Fact is not present in the area
of where the crime was committed, but helped by either counseling, encouraging, or urging the delegation of a crime. The Pinkerton Rule
states that all accessories are liable for predictable actions that lead to being criminalized hence the violation of the criminal agreement. Even
if the accomplice is not present at the scene of a committed felony crime they are still guilty. The two aspects are the specific resolve towards
committing the crime the aiding of crime or encouragement towards the committing of a crime. A death penalty is only ever enforced on those
who have committed the murder. The next type is the accessory after the fact which is someone who knows he/she has committed a crime and
still aid with disturbing the case like hiding the assailant away from the police for example. They will also be charged with the felony since
they know they committed the crime. Relations like with family is a type of

Liability over Damages Case
The celebration party our company held for our staff and clients got out of control and our hired bouncer surpassed the terms of his contract.
The bouncer at our party was a work–for–hire employee, making him work on behalf of Entertainment 720 Inc. His brute and excessive force
used on one of the uninvited guests violated the agreement we had made with him, which had caused the crashers to sue our company. Under
Respondeat Superior, an employer is liable for the torts committed by an employee acting within the scopes of their employer. We had hired
this bouncer to keep any uninvited guests out and ensure safety for the party. Although we had instructed the bouncer not to use brute force,
we will most likely be found liable for his actions. It would be considered a battery tort because there was no threat, just assault of the
individual. Employment status does not matter in this case because they were working on behalf of our company, and even if the bouncer felt
threatened he should not have beaten up the crasher. Next time we will hire part time policemen or well–known and trustworthy bouncers to
keep our party safe and the attendees in order. Our company unfortunately rushed into an agreement to buy a warehouse from another
company going out of business. Without knowing prior to the purchase, the previous company had been responsible for environmental spills at
the warehouse, which we are now being held accountable for. Virginia is a buy–or–beware state, so

Task 5 Vicarious Liability
Task 5a Vicarious liability Vicarious liability emerges when a man is thought to be legally in charge of the wrongful demonstrations of
someone else, despite the fact that the individual who is vicariously responsible is himself from fault. Likewise, if an agent deludes a client,
the foremost is liable for misleading the client as a joint tortfeasor if the necessities for vicarious obligation are fulfilled, despite the fact that
the principal had no knowledge of the deceptive behavior. A principal is liable for the acts of their agents if the agent acts within their
authority. There are no fixed categories for vicarious responsibility. Vicarious liability only takes place when a person is legally responsible of
the wrongful of acts of

Essay on Managerial Finance Final Exam
Which of the following is NOT normally regarded as being a barrier to hostile takeovers? (Points : 5) | Abnormally high executive
compensation Targeted share repurchases Shareholder rights provisions Restricted voting rights Poison pills | 2. (TCO F) Which of the
following statements is correct? (Points : 5) | The MIRR and NPV decision criteria can never conflict. The IRR method can never be subject to
the multiple IRR problem, while the MIRR method can be. One reason some people prefer the MIRR to the regular IRR is that the MIRR is
based on a generally more reasonable reinvestment rate assumption. The higher the WACC, the shorter the discounted payback period. ...
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34.0 b. 37.4 c. 41.2 d. 45.3 e. 49.8 (Points : 30) A; 34.0 DAYS CASH CONVERSION CYCLE = (DAYS INVENTORY OUTSTANDING) +
(DAYS SALES OUTSTANDING) – (DAYS PAYABLE OUTSTANDING) CCC impact by inventory reduction (DAYS INVENTORY
OUTSTANDING) = (Average inventory / Cost of goods sold) * 365 Original (DAYS INVENTORY OUTSTANDING) = ($20,000/$80,000)
*365 =91.25 days Revised (DAYS INVENTORY OUTSTANDING)= ($16,000/$80,000 *365) = 73 days –––––––––––––––––––– CCC by
reduced accounts receivable (DAYS PAYABLE OUTSTANDING) = (Accounts payable / Cost of goods sold) * 365 Original (DAYS
PAYABLE OUTSTANDING) = ($10,000/$80,000)*365 = 45.625 days Revised (DAYS PAYABLE OUTSTANDING) = ($12,000/$80,000)
*365 = 54.75 days –––––––––––––––––––– CCC impact by increased a/c payable (DAYS SALES OUTSTANDING) = (Total receivables /
Total credit sales) * 365 Original (DAYS SALES OUTSTANDING) = ($16,000/$110,000 *365) = 53.09 days Revised (DAYS SALES
OUTSTANDING) = ($14,000/$110,000 *365) = 46.45 days –––––––––––––––––––– CCC = (DAYS INVENTORY OUTSTANDING) +
(DAYS SALES OUTSTANDING) – (DAYS PAYABLE OUTSTANDING) Original CCC = 91.25 + 53.09 – 45.63 = 98.71 days Revised CCC
= 73 + 46.45 – 54.75 = 64.7 days Total impact = original CCC – Revised CCC = 98.71 – 64.7 = 34.01 days CCC will be lowered by 34.0 days
2. (TCO C) Your company has been offered credit terms of 4/30, net 90 days. What will be the nominal annual percentage cost of its nonfree
trade credit if it pays 120

Managing Staff Versus Volunteer Staff
Questions 1: Managing Staff versus Volunteers
Foremost, managing volunteers differs from managing staff only to the extent of what the manager desires. In other words, there is no
difference unless the manager creates differences designed for specific purposes and goals. Mangers need the ability to motivate volunteers
and employees to work together to reach common goals (Brudney & Meijs, 2014). Hence, managers use their abilities to organize, evaluate,
supervise, and facilitate those around them – whether it is staff or volunteers – to reach the organization's goals and occupational commitment
(Claiborne, Auerbach, Lawrence, Liu, McGowan, Fernendes, & Magnano, 2011; Patti, 2008).
Just like staff members who came from various backgrounds, ... Show more content on Helpwriting.net ...
Although managing volunteers and paid staff are similar, there are a few differences. Most notably are whether the agency provides liability
insurance for volunteers and for the services they provide. For example, an agency should have liability insurance for volunteers who provide
clinical or legal services. Yet, volunteers who provide services such as picking up trash or passing out agency information packets may not
require insurance. Insurance depends on the degree of services the volunteers provide to the clients. If the state or licensing board requires an
individual to be license to provide services to clients, then managers should use that standard to gauge rather liability insurance is needed.
Again, managers should recognize and plan for what services are provided to clients so the manager can accommodate for insurance
requirements (Brudney & Meijs, 2014).
The agency should also have disclaimers for the volunteers and clients. This will ensure that all parties know that the volunteers should not be
liable for services. If not, clients may be able to hold the agency liable for the volunteers' actions either through respondeat superior (vicarious
liability NRS §41.130) or agency law (an agent must have actual or apparent authority to bind a principal, Dixon v. Thatcher, 103 Nev. 414
(1987)). Liability concerns are why it is important to use volunteer organizations that specialize in particular services like the delivery

Essay on Spring 2014 GWU MBAD 6211 HC Case: Colonial Back...
Spring 2014 GWU MBAD 6211 HC Case: Colonial Back Crackers Colonial Back Crackers is a small physical therapy practice in the
Washington DC area. Colonial has been in business for several years focusing on providing PT services and products. George, a GWU MBA
grad, founded and continues to run the business.
For various reasons including new entrants in the PT space and margin compression from reduced payments from insurance ... Show more
content on Helpwriting.net ...
Buff paid cash of $3,025,000 for all of Colonial's assets and debts and began the integration process.
As part of the purchase, Buff was able to use its size to renegotiate the rate of the 6% 3 year $1,200,000 loan down to 4% and extend its term 4
years with interest and principal payable in 4 year–
‐end equal payments.
Buff's resulting balance sheet as of September 1st, at the end of loan negotiations, integration, and new inventory policy is shown below.
Assume that both loans began as of September 1st so no interest needs to be calculated during the startup period from June 30th to Sept 1st.
Balance sheet items
Book Value after Combining Operations
Cash
10,000,000
Accounts receivable
0
Inventory
0
Equipment
2,550,000
Buildings
3,000,000
Land
450,000
Colonial Good Will
250,000
Total assets
Accounts payable
Notes payable (details below)
$0.01 par value Common stock (1M shares)
16,250,000
375,000

9,000,000
10,000

Essay about Ratio Analysis Memo Kudler Foods
Week 5 Ratio Analysis Memo
ACC/291
Kudler Foods
Memo
To: CEO–Kudler Foods.
From: Team B
Date: August 22, 2011
This memo is in regard to a recent horizontal and vertical analysis performed on Kudler Foods. The analysis completed was to inform the
company of potential interests from different users. The users will be able to use ratios calculated to reveal performance and the current
position of the company. The vertical and horizontal analysis is attached along with calculations of liquidity, profitability, and solvency ratios.
The liquidity, profitability, and solvency ratios allow users to identify the financial health of Kudler Foods. The liquidity ratios include the
current ratio, acid–test ratio, and inventory turnover. ... Show more content on Helpwriting.net ...
| Total Fixed Assets | $704,250 (704,250/2,675,250) | 26.3% |
Total Assets | 2,675,250 (2,675,250/2,675,250) | 100% |
Liabilities and Capital Current Liabilities | | | Accounts Payable | $96,500 (96,500/2,675,250) | 3.6% | Sales Tax Payable | $3,950
(3,950/2,675,250) | .001% | Payroll Taxes Payable | $15,840 (15,840/2,675,250) | .006% | Accrued Wages Payable | $0 (0/2,675,250) | 0% |
Unearned Revenues | $0 (0/2,675,250) | 0% | Short–term notes payable | $0 (0/2,675,250) | 0% | Short–term payable | $0 (0,2,675,250) | 0% |
Total Current Liabilities | $116,290 (116,290/2,675,250) | 4.3% | Long–Term Liabilities | | | Total long–term liabilities | $630,000
(630,000/2,675,250) | 23.5% | Total Liabilities | $746,290 (746,290/2,675,250) | 27.9% | Total Capital | $1,928,960 (1,928,960/2,675,250) |
72.1% | Total Liabilities and Capital | $2,675,250 (2,675,250/2,675,250) | 100% |
Kudler Fine Foods Vertical Analysis
Income Statement as of 12/31/2003 Amount Percent Net Sales | $10,796,200 (10,796,200/10,796,200) | 100% | Cost of Goods Sold | | |
Beginning Inventory | $467,890 (467,890/10,796,200) | 4.3% | Purchases | $3,752,891 (3,752,891/10,796,200) | 34.8% | Freight In | $165,010
(165,010/10,796,200) | 1.5% | Direct Labor | $3,769,591 (3,769,591/10,796,200) | 35% | Indirect expenses | $748,539 (748,539/10,796,200) |
7% | Ending inventory

Vicarious Liability
Seminar 7
Vicarious Liability
The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore
the rules of vicarious liability, relevant statute law and case law which may apply.
Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor, the employee
must have committed a tort and the tort must have been in the course of employment.
The doctrine of 'vicarious liability' is a public policy that holds employers liable when a tort is committed by an employee in the course of their
employment. This means that a victim of a tort can claim compensation from the employee's company if it is proven to ... Show more content
on Helpwriting.net ...
If however, the person is paid a lump sum and has to make their own reduction, they are more likely to be seen as an independent contractor.
In this case it was held that the driver was an independent contractor.
However in the case of Market Investigations Ltd v Minister of Social Security
[1969] 2QB173 Cooke J's judgment was that "The fundamental test to be applied is this: "Is the person who has engaged himself to perform
these services performing them as a person in business on his own account?" This was been determined by using a mix of factors: for example,
does the employee provide his own equipment and does he hires his own helpers? It also looks at what degree of financial risk he takes and to
what degree of responsibility he has. It also takes into account how the employee is paid and whether the employee can work for another. In
this case it was held that Mrs Irving was employed under a series of contracts of service and therefore was an employee of the company.
Although, Jerry regards Peter as self–employed within his organisation, it would be fair to state that given the control test above, Jerry does
have control over Peter by stating that if ever Peter is not available when he wants him he will never employ him again. Peter is free to work
for others but does not do so. Therefore the case of Yewens v. Noakes (1880) 6 QBD demonstrates the control that

Legislative Proposal for New Indecency Language in Telecom...
Legislative Proposal for New Indecency Language in Telecom Bill
I. Summary
Although the October 16, 1995 legislative proposal purports to regulate " computer pornography", the proposal contains fatal flaws which
render the proposal at best counterproductive and at worst devastating to on–line communications. First, it prohibits, but fails to define,
"indecent" speech to minors –– a dangerously vague, medium–specific, and, after decades of litigation, still undefined concept, which may
include mere profanity. This may tie up successful prosecution of the law in courts for years to come, while courts wrestle to divine a
constitutional definition of "indecent" –– and while companies are left with uncertain liability. Second, the ... Show more content on
Helpwriting.net ...
If she sends an electronic version on–line, she goes to federal prison for 5 years. The
Pacifica case contains as an appendix a transcript of the George Carlin monologue on "Seven Dirty Words", which the Court found indecent
for purposes of broadcasting. The Supreme Court had no qualms about printing the case, because it was in a different medium than
broadcasting –– one requiring someone to access it and requiring literacy. The October 16 proposal recognizes no such distinction between
media, however. Nor does it define "indecency". Indeed, it treats all " indecency" as "pornography". Would the Pacifica case be banned from
on–line access by our schools and libraries by the October 16 proposal? It would by any normally prudent access provider who wanted to
avoid the possibility of spending
5 years in federal prison. Other examples: (i) a sender posts a message to a Bulletin Board that contains an expletive or a medical or literary
passage that is "indecent" and is then read by a minor; (ii) a university provides on–line access to all students, including some freshmen under
the age of 18, to its library, including works containing "indecent" passages; (iii) a company that employs a high school senior as an intern
knowingly posts a message from an employee that contains some of the "Seven Dirty Words" on an employee bulletin board. Under a plain
language

Ba220
Ex 1–6A Components of the accounting equation Lang Enterprises was started when it acquired $4000 cash from creditors and $6000 from
owners. The company immediately purchased land that cost $9000. Required a. Record the events under an accounting equation. Assets =
Liabilities + Capital | Assets |= | Liabilities |+ | Capital | |Cash |Land | | Creditors | | | |10,000 | |= |4,000 ... Show more content on
Helpwriting.net ...
Assume the debt is due. Given that Lang has $6000 in stockholders' equity; can the company repay the creditors at this point? Why or why
not? No, the company cannot pay its debt at this point of time because the company cannot pay their debt out of equity. Company can pay
maximum debt of $1,000 because it had only $1,000 in its balance. Respond to the following: Why is the knowledge of accounting concepts
and terminology useful to anyone in a business activity? The knowledge of accounting concepts and terminology is useful to anyone in a
business activity is due to the following reasons; 1. It is Useful for making investment and credit decisions. 2. The knowledge is helpful to
present potential investors, creditors and others in assessing the amounts, timings, and uncertainty of future cash flows, In other words, this
will be helpful for everyone connected with business activity, in any way. Is there a difference between bookkeeping and accounting? Discuss.
Yes, there is a difference between book keeping and accountancy. 1) Book–keeping is the art of keeping and maintain accounts in the
prescribed manner whereas accounting is mainly concerned with the design of the system of records, preparation of reports based on the
recorded data , and interpretation of the reports. 2) The work of bookkeeper is clerical in nature whereas in accounting accountants direct and

In considering the facts above make some legal...
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 target of signing new customers.
The company is very impressed with Martin in the first month of his employment; he has signed at least 20 new customers and work has
begun on at least half of the new projects signed.
After the lapse of another ... Show more content on Helpwriting.net ...
Employer will be held liable if an employee does an authorized act in an unauthorized way which is the actual scenario here in this case study.
Employers are also liable under the common law principle represented in the Latin phrase, "qui facit per aliumfacit per se" (one who acts
through another acts in one's own interests). That is a parallel concept to vicarious liability and strict liability, in which one person is held
liable in criminal law or tort for the acts or omissions of another and so will be the case here with employee being the former and employer
being the latter.
2. Can the company claim they are not liable for Martin because he has not followed instructions? Explain.
Under federal anti–discrimination law an employer, regardless of their size, may be legally responsible for any misconduct on the part of its
employee unless and unless it can be show and prove that 'all reasonable steps' have already been taken to ensure the reduction of this liability.
The law mentioned above clearly explains how Swimmingpool Co. can actually claim itself to be free of any responsibility on the part of the
employee's mistake. If it proves it to show all reasonable steps without fail is the only condition under which all discriminations are neglected
and no supervisor is held responsible for its subordinate because it is the prime duty of every employer to ensure that he is hiring the right
person

Vicarious Liability At Wales V Lepore
Question 1. Vicarious Liability There are several aspects where you, the nursing home, may be liable. These instances include the failure of the
receptionist, acting in the course of employment, to notify management. Additionally with regards to your liability for the actions of the nurse
it can be proven that the nurse acted within the scope of their employment, vicarious liability. However it is not enough to rely on the case,
New South Wales v Lepore, which states that an employer is not liable for an employee with reference to a criminal act merely because the
workplace provides an opportunity for an employee to do something morally, and professionally wrong. We must first explore whether or not
the nurse was acting within their ... Show more content on Helpwriting.net ...
With regards to this being a direct and intentional act, the nurse acted with conviction and intentionally overdosed John, with similarities being
drawn from the Dean v Phung case where a dentist intentionally carried out medically unnecessary procedures. With regards to unlawful
touching, it is widely accepted that an IV line is a portal of entry to a patient's body, an extension of oneself. Going by this logical deduction,
the injection of morphine into a patient's IV line would amount to the same status as if you physically touched the patient's body. The provision
of medication is well within the scope of practice of a nurse, and there is little doubt that John would not have consented to this practice.
However this consent is vitiated by the fact that John would not have consented to an overdose, larger quantity, of morphine than was required
for usage as an analgesic. Therefore it can be argued that because the consent is now technically void, as per Dean v Phung, the nurse's actions
amounted to unlawful touching of John's body. Verbal Assault With regards to verbal assault, the nurse can be quoted as saying 'you will never
eat another meal'. This is verbal assault as seen in the Zanker v Vartzokas case, leading to a reasonable apprehension of imminent fear of
battery. False Imprisonment The elements of false imprisonment are that it needs to be a direct act,

Rothaermel Case Matrix Essays
Chapter Case Book Page Number Primary Secondary Primary Industry Company Robin Hood and His Merry Men Subdivision/ Subsidiary of
Protagonist Sector NAICS Code N/A Robin Hood "Finance" and "Redistribution" N/A N/A Strategic analyst N/A Strategic analyst 1 Robin
Hood C1 1,2 3,4,11,12 2 The Movie Industry (A) in 2008 C3 1,3 5,6,7 3 The Movie Industry (B) in 2011 C11 1,3 5,6,7 C18 5,6 2,3,4,12 Better
World Books N/A David Murphy, CEO C32 3,7 2,6,10,12 Tesla Motors N/A C50 2,5 9,11,12 Tesla Motors C56 4,8 3,5,6,11 C72 2,7 C87 4 5 6
7 8 9 Better World Books: Social Entrepreneurship and the Triple Bottom Line* Tesla Motors and the U.S. Auto Industry: Case A* Tesla
Motors and the U.S. Auto ... Show more content on Helpwriting.net ...
vice N/A Courier services 492110 27 Genentech: After the Acquisition by Roche* C415 7,9 3,4,8,11 Genentech Roche 28 Corporate
Governance in Three Economies: Germany, Japan, and the United States C441 10,12 1,3,11 N/A N/A 29 United Technologies Corporation:
Running a Global Ethics and Compliance Program C447 11,12 3,9,10 United Technologies Corporation 30 Apple after Steve Jobs* C455 7,12
2,4,6,11 Apple Robin Page, Chief Strategy Officer Richard Scheller, Executive VP X X X X X USA/India Medium Mexico X X X X X X X X
X X X X X X X Y (INFY) X X X X X X X X X X X X X X X X X X X X X X X Brazil Medium Y (ERJ) USA/India Large Y (UPS) N/A Pat
Gnazzo, VP of Business Practices Engine and engine parts manufacturing 336412 X N/A Steven Jobs, CEO and executive team Computer
hardware and equipment 334111 X X Germany/ Japan/USA N/A N/A USA Large Y (UTX) USA Large Y (AAPL) X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X No X X X X X Large X X X

Case Against Vicarious Criminal Liability
Vicarious criminal liability forces criminal liability on one person for an act another person committed. I believe vicarious criminal liability
should and shouldn't exist. I don't think it should exist in some cases because lets say you loan your car to a friend for a couple days because
he needs it and he gets into a accident the day after you loaned him the car. Due to the Vicarious liability, both the driver and the owner can be
named in the lawsuit. I believe this would violate the actus reus which is the action or conduct that is a constituent element of a crime, also
known as "Guilty Mind". You can't control your friend's actions like you can control your own. I think it should exist for cases like burglary.
For example, during a

Vicarious Liabilities And Medical Malpractice
.S. health laws based on criminal misconduct in health care to the creation of contract laws, holds health care facilities liable to vicarious
liabilities and Tort Laws that amount up to Medical Malpractice. Vicarious liability is a scenario where one or more persons / group or an
organization is held responsible for the actions of another person / group or an organization. From an organizational standpoint, the firm or the
company could be held liable for the actions of its employees provided the action in question took place during the tenure of the employee's
career in the organization. Tort law levies legal liabilities upon an individual, group an organization or a firm / company in the event of their
unfair practices or wrong doing that

Criminal Law
Doctrine of vicarious liability
The doctrine of vicarious liability generally operates within the law of torts. It has become well–established in English law and historically has
been called "Master and Servant liability," which clearly indicates the circumstances in which the doctrine becomes applicable in tort law.
The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result. However, vicarious
liability defines the circumstances in which a person is liable for the torts of another without express authorisation or ratification. The most
common example of vicarious liability is the liability of an employer for the torts of his employees committed in the course of ... Show more
content on Helpwriting.net ...
In the Court of Appeal case of Mattis v. Pollock (t/a Flamingos Nightclub) a nightclub owner was held vicariously liable for the violent acts of
an employed doorman. The Court of Appeal applied the rationale of Lister and held that a "broad" approach was required in assessing whether
an individuals acts were sufficiently connected with the duties of his employment so as to justify imposing vicarious liability.
Vicarious Liability under a statutory duty
An employer can also be held vicariously liable for an employee's breach of a statutory duty. This duty differs to that of a common law duty in
that the duty does not rise by operation of common law principles, but by statute. As such, the statute imposes a duty on the employee
personally and makes no reference to the employer. An employer can be held liable for the breach of a statutory duty even where the statutory
duty is owed by the employee personally and individually. This circumstance would potentially arise in the context of harassment within the
workplace, where one employee has been harassed or bullied by another– see the case of Majrowski v. Guy's and St Thomas's NHS Trust.
However, emphasis will be placed on the intention of the legislature in creating the statute in deciding whether vicarious liability should be
imposed.
Conclusion
Where vicarious liability is imposed on an employer, both the

How Taxpayer Can Help A Claim Of Negligence Against The...
Taxpayer can also bring a claim of negligence against the Milwaukee Does. The question of the Does' liability follows a very similar analysis
of that of the City of Milwaukee, with a few exceptions. First, Bongo's conduct in shooting the gun will likely be attributed to the Milwaukee
Does as the operator of the event under the legal theory of respondeat superior. Second, in contrast to the City, the Does will likely not fall
under a safe place because they do not own the arena. Rather, the Does will likely by subject to the traditional negligence standard of ordinary
care. The legal theory of respondeat superior stands for the proposition that through vicarious liability a master may be liable for the acts of his
or her servants in the course of his or her employment. Under this legal theory courts have found basketball teams labile for the actions of
mascots employed by the team for the negligent acts of the mascot during the course of game. Accordingly, the Does can be found liable for
the negligent acts of Bongo. A Wisconsin court is likely to find a team liable to spectators for the acts of its mascots and accordingly
Taxpayer's recovery against the Milwaukee Does will likely be successful. The Does most likely instructed Bongo to use the T–shirt cannon
during the game as a promotional and entertainment event. Moreover, the Does benefit greatly from ticket sales and provided the mid–game
entertainment as a means for increase the enjoyment of the game, resulting in

Vicarious Liability
Case Study Vicarious Liability Introduction Under the English Common Law, Vicarious liability is a principle of the tort laws. The law
imposes liability of employees and agents to their employers. Under this law, the liability of any tort committed by an employee that falls
under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The
inclusion of the intentional torts came in to effect after the ruling in the case of Lister V Hensley Hall Limited. Before this case, intentional
torts were not considered for vicarious liability. The reason for vicarious liability is to allow the injured parties to have better means of
recovering their damages as employers ... Show more content on Helpwriting.net ...
Under the American Law Institute's Restatement of the Law, I can choose to sue either or both of the employees Tex and Rex. The law
provides for the agent to be held liable by a third party who has suffered harm as a resort of a tort committed by the agent. The law holds the
agent jointly (with the employer) responsible (Giliker, 2010). The employer however remains the superior respondent. This law includes
tortuous actions taken by an agent or an employee in the line of duty. Under this law, I can sue both Rex and Tex for the injuries resulting from
their tortuous acts. The testimony by Tex would be effective in helping me sue Rex for damages. Conclusion Under the vicarious liability law,
the employer can be jointly or separately, sued with the employee for injuries resulting from a tortuous act. In the case of the resort and their
agents Tex and Rex, the tortuous that led to my injuries were because of the agent's actions. The preference of the resort as my first
respondents was guided by the fact that they were the one that advertised the event and the two employees were acting as agents of the resort
to make the event successful. The resorts also have the ability to pay my damages at ease than the employees. The resort may also choose to
recover their costs by suing the two employees. Tex's

Critical Thinking on Logical Issues Essay
Critical Thinking on Logical Issues Scenario 1 There is a lot of tragedy surrounding WV Steel Company lately. National Construction (our of
Colorado) is building a new football stadium. The opt to buy and use cables that were approved by a contractor for WV Steel. After the
stadium is built the upper deck collapses and injures and kills civilians watching the game. National is now under a lot of pressure from
lawsuits stemming from the incident. 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 ... Show more content on Helpwriting.net ...
Jessica is directly liable for causing the accident and has to be held to the legal standards for her actions of reckless driving. WV Steel has will
be held liable as the employer of Jessica Smith and of ultimately approving of her trip to attend the meeting. They will share in some of the
responsibility associated with Jessica's actions. "If an agent or employee commits a tort while pursuing his or her own interests, the tort is not
within the scope of the agency or employment, and neither the principal nor the employer would be liable." (J., & D., 2010) Since this
was not the case with Jessica, liability falls on both parties. There is definite impact of this type of legal issue to small and large businesses.
Company's insurance premiums go up across the board and typically business will incur large legal fees that need to be paid for. Additionally
bad press coverage could have a negative effect on the company's bottom line. Scenario 2 Larry Johnson crashed his four year old Chevy
because he was texting his girlfriend. He didn't see the car in front of him. He was wearing his seatbelt. The accident happened at 35 mph. The
seat belt should have protected him from smashing his head into the steering wheel and windshield up to speeds of 40 mph. He broke several
bones. He is suing GMC, Chevrolet, and the dealership that sold him the car stating that they are strictly liable for his injuries. He is also
claiming that all

The Case Of Tesco Stores Ltd V Brent Lbc On The Law And...
ATUHAIRWE HOPE
Students ID No: 6840770
This paper describes the impact of the decision made in the case of Tesco Stores Ltd v Brent LBC on the law and its effects on the corporate
world, and the comparison between the doctrine of vicarious liability that it outlines and the doctrine of identification that was used earlier to
determine the liability of corporations in cooperate crime.
A trading standards officer gave a 14year old boy money to buy a video with an "18" classification certificate at a supermarket. The boy
bought the video and handed it over to the officer. The supermarket were charged with supplying a video with "18" classification certificate to
a person who was below that age contrary to section.11 (1) of the video ... Show more content on Helpwriting.net ...
In R v. Redfern & Dunlop Ltd. (Aircraft Division) , the Court held that where the employees who were not in the decision making level could
not be identifiable with the company and therefore were not deemed to be the controlling mind of the company. The question that comes up is
that if a person at a lower level commits a crime in the name of the company, the company cannot be held liable for the same. This may pose
to be a problem in the sense that the company may make a division between the senior management and the employees to avoid criminal
proceedings against them Vicarious liability is a doctrine where a company is held liable for the negligent acts of the employees while the
doctrine of identification supposes a situation where the crimes committed by the company can be directed towards the directors or managers
of the company who are the directing mind and will of the company and can be held liable for the acts committed by a separate legal entity
namely the company. In the case of Tesco Supermarkets Ltd v Nattrass, the Appellant was offering a discount on washing powder and this was
advertised on posters displayed in stores, but the Defendant did not find the packet of washing powder at the reduced price, as advertised. The
Defendant therefore filed a complaint under the Trade Descriptions Act, 1968 for falsely advertising the price of washing powder. In defense

Ethical Perceptions Of The Focus-Group Interview
Participants
The participants for the focus–group interview consisted of solicitors working in the liability department at a London based law firm. I initially
planned to conduct one–to–one interviews, although it was proven difficult to meet with them due to their own work constraints. Thus, I
decided to achieve the best results by arranging a group interview, allowing all the solicitors to be together and discuss the topic at hand. This
was a strength of the project as I could collect more data from a discussion, as the solicitors were also able to interact with one another giving
barring opinions. Participants were firstly contacted via email and provided an overview, to explain the nature of the dissertation.
They were hesitant to ... Show more content on Helpwriting.net ...
Chapter Four: Data Analysis
The aim of chapter four is to investigate whether the agency worker has acquired more individual rights and protection from recent legislation,
such as the AWR 2010. In addition, the thesis explores agency workers' wellbeing, and whether the development of the doctrine of vicarious
liability, through case law, has added further confusion when a claim is being issued by the agency worker against the end user. To achieve
this, a focus–group interview was conducted and a survey was distributed.
Through this section, I will detail the use of discourse analysis and explore the perceptions of agency workers, discovered from the survey
issued to agency workers, interviews conducted with solicitors.
Agency Worker
"Agency Worker" is the title given to workers who are a party to a triangular relationship, this thesis has explored whether being classified as
an agency worker is a limitation on the individual due to there not being effective protection through legislation and common law. Forde
illustrated through his article the enduring debate over the nature of the temporary worker, has intensified. Forde focused on the character of
agency work within Britain and analysed data from Labour Force Survey (LFS), identifying how the agency worker is one of the least

Torts
200008 Torts Law School of Law, College of Business Learning Guide Autumn Semester 2012 Contents Unit Information Contacts
Consultation times Expectations of student conduct Links to key policies and information affecting students Schedule of learning and teaching
activities PASS peer mentoring program Actions taken to improve the unit Learning outcomes How the learning activities and assessment will
support the learning and teaching outcomes Assessment Information Summary of assessment items and weighting Mid semester Assessment
Task Final Exam – requirements, criteria and standards Resubmission Extension of due date for submission Special Consideration for a
specific assessment task Special ... Show more content on Helpwriting.net ...
Students please attend another class this week. | |10 |Causation and Remoteness | |11 |Defences to Negligence | |12 |Compensation Schemes and
Assessment of Damages for Personal Injury | |13 |Assessment of Damages | | |Concurrent Liability | |*14 |Revision | | |STUVAC | PASS PEER
MENTORING PROGRAM The PASS program is being offered in this unit. It provides a great opportunity for you to study in sessions
facilitated by senior students. PASS (Peer Assisted Study Sessions) is: a collaborative study program an interactive, fun and informal learning
experience run by students who have successfully

Essay about The English Law on Vicarious Liability
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 ... Show more content on Helpwriting.net ...
The principle of vicarious liability is very controversial as it is quite broad, and the fact that personal fault on behalf of the employer is not
required means that it is sometimes more difficult to attribute blame on big companies or corporations than individuals.
However, there are many aspects of vicarious liability that make it suitable for its use. In nearly every case the employer is in the best position
financially to compensate a claimant as they always have the 'deepest pocket'. The whole purpose of the law of tort is to compensate the
victims, the resources in question that enable the employer to have the 'deepest pocket is provided through insurance. Many employees are not
worth suing, therefore without the insurance industry the present tort system could not operate[4].
Vicarious liability forces the employer to continually strive for accident prevention. If every employee was insured individually it is unlikely
that the employer would take such a keen interest as there is no direct liability. Employers generally therefore assess the suitability of the staff,
give them adequate training and dismiss any that are unreasonably risky to reduce the risk of any torts occurring.
Another argument that justifies the existence of

Burlington Industries V. Ellerth
Issue Did the HR Director ("HR") engage in quid pro quo sexual harassment by saying "if you come out with me for a good time I can just
about guarantee the job"? Is the company ("Company") liable for the sexual harassment of the employee the HR Director?
Brief Answer Yes, HR did engage in quid pro quo sexual harassment by asking the applicant out on a date and saying "if you come out with
me for a good time I can just about guarantee the job" and, after the applicant refused, gave the promotion to someone else.
Yes, Company is liable for quid pro quo sexual harassment because an employer is strictly liable for the actions of its employees and any
agents of the company. Since HR is an agent of Company and sexually harassed an employee, Company ... Show more content on
Helpwriting.net ...
Vinson 477 US 57 (1968), Vinson was hired as a teller and her supervisor was Sidney Taylor. Over four years, Vinson was promoted multiple
times, eventually to branch manager. It was undisputed that her promotions were based on merit alone.Vinson's employment was terminated
for excessive use of sick leave. She then filed suit against Taylor and the bank, alleging that she had been subjected to sexual harassment
during her time at the bank. Vinson claimed that she had sexual intercourse with Taylor on multiple occasions, out of fear of losing her job,
and that he fondled her in front of other employees. Vinson allegedly never reported the sexual harassment out of fear of losing her job. The
court explained that there is no definitive rule for liability for an employer, but the bank is not completely free of liability just because Vinson
did not make any reports of sexual harassment. The court decided that the bank was "absolutely liable" for sexual harassment from a
supervisor, regardless of whether officials knew or should have known about the

Essay Carrefour Case Analysis
The purpose of this analysis is to highlight how Carrefour has financed its growth over the last four years i.e. 1968 through 1971 with the help
of the Statement of Sources and Uses (Exhibit 1). In addition, the financing needs for the projected growth of the company will be reported
and analyzed briefly. For this purpose Pro–forma Income Statements (Exhibit 2) and Pro–forma Balance Sheets (Exhibit 3) have been
prepared for the next four years (1972 through 1975). From 1968 to 1971, Carrefour has used trade notes extensively as a source of cash.
Other significant sources of funds are Other Current Liabilities, Accounts Payable, Shareholder's Equity and Long term debt. Most of the
sources have been utilized to fund Building ... Show more content on Helpwriting.net ...
|14 |28 |14 |Use | |Buildings & Equipment |50 |202 |152 |Use | |Other Fixed Assets |21 |49 |28 |Use | |Total Fixed Assets |85 |279 |194 | | | less:
Depreciation |10 |63 |53 |Source | |Net Fixed Assets |75 |216 |141 | | |Investments & Advances |5 |19 |14 |Use | |Inventory |30 |107 |77 |Use |
|Acounts Receivable |2 |4 |2 |Use | |Other Current Assets |58 |124 |66 |Use | |Cash |18 |151 |133 |Use | |Total Current Assets |108 |386 |278 | |
|TOTAL ASSETS |188 |622 |434 | |

Snowy Ridge Ski Resort Essay
Brittney Brooker
MEMORANDUM
To: Manager of Snowy Ridge Ski Resort
From: Kate Smith, Chief Accountant for Recreational Properties, Inc.
Date: October 27, 2010
RE: Fair Value Assessment
The subsequent valuations are consistent with the Statement of Financial Accounting Standards no. 157, defined as "the price that would be
received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date."
Snowy Ridge Ski Resort was acquired on June, 30th, 20X0 by Recreational Properties for $46,050,000. The fair value of identifiable assets
and liabilities acquired are reported as $42,500,000, resulting in a computed goodwill of $4,000,000.It should be noted that goodwill ... Show
more content on Helpwriting.net ...
It should be noted that an income approach could have also been used. Using a determined market discount rate of 6% and current year
revenue of $3,028,000 at a four year discounted rate, the value would have been $12,040,548. Because adequate market information was
available to make a more accurate estimate of the fair value, this is the estimate that was chosen.
The real estate division was estimated to have a fair value of $13,890,000. This was determined by totaling the number of lots expected to sell
within the next four years and multiplying it by the price per lot of $180,000. After determining total lot sales, a 20% discount rate was applied
as suggested by current market conditions. Given the unique nature of the real estate development, it is not believed that there are any
comparable developments to find a market multiple.
After calculating the fair value of Snowy Ridge's assets it was necessary to test for impairment. Impairment was tested by comparing the
carrying value of each asset to its fair value (see table 2). The carrying value of marketable securities as of June 30th was $4,500,000. The
current fair value of marketable securities was found to be 4,565,000, a positive difference of$ 65,000. Changes in marketable securities are
reported even without impairment, thus an adjustment was made (see table 3). The carrying value of the mountain division as of June 30th was
$12,360,000. The current fair

Rober Vicarious Liability Paper
Vicarious liability refers to a scenario in which an individual or a given organization is held potentially liable for damages occurred that
significantly led to harm (Bell, 2013). In a workplace setting, the organizations may be held responsible for any damage caused by its
employees if the actions took placed during the employment. Vicarious liability refers to the process in which another person is held
responsible for another individual's deleterious deeds. The business format franchisors who work towards achieving a common goal are
always vulnerable to vicarious liability. The employer or boss of a person who by chance become negligent of his or her work and cause harm
to individuals will be held responsible for the actions done by the employee. Therefore, as a way of ensuring the company or the employer is
protected against the issues of being responsible for the wrong deeds in the organization or work, they should work close with the employees
and ensure that they monitor all their actions to prevent the chances of wrong doings that can lead to harm. The concept of vicarious liability is
evident in the case of ... Show more content on Helpwriting.net ...
The organization was established to ensure that laws concerning compliance of pharmacy and drug are adhered to and respected. It, therefore,
had the mandate of evaluating the services provided to the customers. Evidently, the patient who received cancer regimen drugs from Courtney
did not exhibit the side effects that were observed for the patients who collected drugs elsewhere such as loss of hair (The Buffalo News,
2001). If the Kansas State Board of Pharmacy actively involved in the evaluation of the drugs dispensed from different organizations, it is
evident that they could have identified earlier enough the unlawful acts of Courtney and take actions accordingly. Since they failed in doing so,
they should be liable of the wrongful that deeds

Rivermore portfolio Essay
Rivermore College
This is a mean–variance optimization case.
Software needs: Spreadsheet optimizer (Excel Solver) or use a commercial package.
Concepts: performance evaluation with historical data, forecasting asset returns, portfolio choice with input uncertainty.
Computer skills: development and/or use of a mean–variance optimizer
Case
Roberta Tyler consultants to several university investment offices around the country.
She specializes in asset allocation studies. She has accumulated performance figures from a number of different university endowments, as
well as information about the typical stocks/bonds/cash mixtures common in the endowment universe. She practices a broad policy approach
which means that she makes ... Show more content on Helpwriting.net ...
Last, but not least, Weaver wanted to know whether the board should concern themselves with fundamental questions such as whether the
endowment is adequate for the school's future needs. Can they continue their current policy? What if enrollment continues to decline?
In addition to these allocation decisions, Weaver wished to know whether the money managers closely followed the fixed stated objectives of
the endowment. He asked
Tyler whether there was a way to address this issue.
In preparation for his initial meeting with Tyler, Weaver prepared a list of basic issues he wished her to explore.
1) How well did the Rivermore portfolio perform over the 1970–1994 period? How should performance be measured? Are their managers
performing well?
2) What benchmark return should they expect from their portfolio, given their current mix of assets? What benchmark return might they expect
for their current level of risk?
What is the lowest level of risk they should expect for their current level of historical return? 3) Should they consider changing their policy
mix? What time period of estimation should they use as inputs to the optimization process?
4) What would be the long–term expected return of her recommended portfolio? How does this compare to the long term expected return of
the current portfolio mix?
5) Use regression analysis to determine whether the historical weights on the asset classes match the policy weights.
When

Vicarious Liability Paper
Vicarious liability is used to refer to the concept that any employer is liable for the wrongs done by his or her employees in the employment
period (Goodwin, 2016). An organization is known to be liable vicariously if the offense takes place during working period and if it happened
when the employee was performing the duties. The areas that require continuous updating and planning due to joint liability concerns may
include; sexual harassment, employees should abide by employers conduct and code trained on sexual harassment (Augenstein, 2014).
Another area that requires training and updating is the face to face compliance which helps to enforce ethical behaviors within an organization.
Continuous updating and planning are needed in the practice

Sexual Harassment Paper
Sexual Harassment Paper
HRM320: Employment Law
Prof. Mary Myers–Nelson
DeVry University Online
Define sexual harassment as the term is used legally.
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile
or offensive work environment." (sexual harassment. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Sexual harassment
comes in several different forms from words to touching to gestures something that is present from one person to another person sexually that
is not wanted by the other person. This normally makes one person feel uncomfortable in the workplace causing an employee to not feel
comfortable at work which all ... Show more content on Helpwriting.net ...
3.The employee must not have consented to the sexual advances or participated in the hostile work environment. 4.The harassment must be
based on sex. 5.The conduct complained of must have had a deleterious effect on the employee's job. 6.The harassment must have occurred
during the scope of employment. (Moran 2011 pg 276.). The 1st factors is speaks to the person needs to be in a protected the class the
protected classes are man and woman. The 2nd factor needs to show that gender played a factor had the person not been that gender then it
would not of been sexual. The 3rd needs to show that the person receiving the harassment did not agree to the sexual harassment. The 4th
needs to show that the harassment is sexual in nature. The 5th needs to show that sexual harassment affected the insured job in some way. The
6th will need to show that sexual harassment took play while the insured was employed with the employer.
Explain what situations are considered "severe or pervasive" and why these terms are important.
"severe adjective sə–ˈvir: very bad, serious, or unpleasant : causing a lot of physical pain or suffering : very harsh" (Severe. (n.d.). Merriam–
Webster.com)
"pervasive adjective pər–ˈvā–siv, –ziv : existing in every part of something : spreading to all parts of something" (Pervasive. (n.d.). Merriam–
Webster.com)
Some situations that are

Vicarious Liability
submitted to prof. manjula batra | LAW OF TORTS PROJECT | VICARIOUS LIABILITY | | | SUBMITTED BY:VAIBHAV PRATAP
SINGHFIRST SEMEMSTER, 2012BA., LL.B. (HONS.) |
|
ACKNOWLEDGEMENT
I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that
endeavour, first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge
and teaching skills along with her helping disposition are where all of this stemmed from. Next, I would thank my seniors in the faculty who
gave us guidelines as to how to go about the research. These are the people who were always there with me in the making of this project.
Heartfelt ... Show more content on Helpwriting.net ...
In these cases liability is joint as well as several. The other common example of vicarious liability is the liability of an employer for the torts of
his employees committed in the course of employment. It is not necessary in such circumstances for the employer to have breached any duty
that was owed to the injured party, and therefore it operates as strict or no–fault liability. It is possible that the injured party could be either an
employee or a stranger, and the employer can be held vicariously liable in both situations. The most important element to establishing a case
for vicarious liability is that the wrongdoer be acting as a servant or employee, and that the wrong done be connected to the employees course
of employment. Vicarious liability can only be imposed if it is proved that the employee was acting ³in the course of employment. This
criterion is essential, and requires a clear connection between the employment duties and the employee's acts complained of. A reason for
vicarious responsibility of employers is that employers usually are, while their servants usually are not, financially capable of the burden of
civil liability. The theory partly owes its existence to the anxiety of the injured person to find a solvent defendant. Again it is said that the
employer must be made liable because it is he 'who has set the whole thing in motion.'
TYPES OF LIABITIES
Liability by

Review : Lamble V Howl At The Moon Braodbeach Pty Ltd
I CASE NOTE
A Facts
Citation: Lamble v Howl at the Moon Braodbeach Pty Ltd [2013] QSC 244
Parties: Andrew Jon Lamble ('the plaintiff') and Howl at the Moon Broadbeach Pty Ltd ('the defendant' or 'Howl')
Court: Supreme Court of Queensland
Date: 9 September 2013
Judge: Douglas J
On 8 December 2008, the plaintiff was assaulted by Anthony Cerantonio ('Ceratonio'), a barman at Howl. The assault followed a fight
involving the plaintiff's colleagues and staff at Howl. The plaintiff was not a party to the fight. Cerantonio admitted to hitting the plaintiff with
a metal dustpan.
The plaintiff sued the defendant, claiming that it was vicariously liable for his assault by Cerantonio. The defendant argued that since
Cerantonio was engaging in unauthorised conduct, the defendant could not be liable. The matter in contention was whether the assault was
conducted in the course of employment.
Judgment was awarded to the plaintiff. B Judicial Reasoning
Douglas J considered the Salmond test, where an employer is liable for unauthorised acts if they are sufficiently connected with the employee's
duties that they may be regarded as means to undertake authorised acts.
This was applied in Lepore by Gleeson CJ who held that the nature of the employee's duties determines whether an unauthorised act is within
the scope of employment. Gummow and Hayne JJ dissented, arguing that vicarious liability will be established where:
'The act is done in intended pursuit of the employer's interests

The Liability Case : John Doe V. Bennett
The Liability case that I have chosen to complete this study on is John Doe v. Bennett, 2004. This case helps to bring clarity to vicarious
liability of Churches in Canada. John Doe v. Bennett – Relates to the issue regarding whether or not a non–profit organization may be held
vicariously liable for the sexual misconduct of its employees. The case in question involves sexual abuse by a parish priest in a Roman
Catholic District in Newfoundland against a number of young boys who were under his custody and care over a thirty–year span. Bennett
eventually admitted to using various means such as money, alcohol and intimidation to abuse his victims. The abuse occurred while the
offender was employed as a parish priest. The Supreme Court of Canada has made references to past cases KLB v. British Colombia 2003,
Jacobi v. Griffiths 1999 and Bazley v. Curry 1999 to assist with the conclusion of the current case in question. Referencing Bazley v. Curry
1999, the children's foundation was a non–profit organization in British Columbia. The foundation hired Curry to act as a substitute parent for
troubled children not knowing he was a pedophile. Curry took advantage of his position by sexually abusing a young boy, Bazley. With the
Bazley case, there were two questions held before the courts: May employers be held vicariously liable for sexual assaults on clients or
persons within their care? If so, should non–profit organizations be exempted from liability as a matter of policy?

Advantages And Disadvantages Of Vicarious Liability
1.0 INTRODUCTION
Liability is said to be 'vicarious' when one person is thought liable for wrongs committed by another. Vicarious liability is not a tort or a wrong
in itself but a way in which liability may be imposed: a person may be directly liable for their own torts or vicariously liable for torts
committed by third party. For example of vicarious liability in tort rise from the relationship of master and servant, this effectively means
employer and employee. The regulation is that an employer is vicarious liability for the wrongful act committed by an employee in the
progress of their employment.
The common law rule is that an employer is responsible for the torts of their employees that are dedicated through the progress of
employment. ... Show more content on Helpwriting.net ...
An employee contributes in professional or consultation services to any outside fear that does business with the substance, except with the
Substance's previous information and agreement.
3. An employee receives benefit, gifts, favours, entertaining or other similar benefits of more than a nominal value from any outside fear which
does or seeks to do business with the Substance.
4.0 METHODOLOGY
The research design will be a secondary data from different databases about the vicarious liability and conflict interest in vicarious liability. All
secondary data remained downloaded from websites. Perhaps, websites E– Journal in electronic resources. Besides, the library search for
books and online databases will also be optimized. For instance, books, government journals of economic indicators, census data, statistical
summaries, the media, an annual report of companies, case studies, financial databases.
5.0

Do Rights Exist For The Agency Worker Case Study
Do rights exist for the agency worker? The Regulations have been a slow burner as the Directive was first drafted in 2002, with the possibility
of the draft never evolving. The length of time for the AWR 2010 to be passed emphasises the struggle for the agency worker to obtain the
rights within the UK as well as Europe. Despite opposition from British government, other Member States initially supported the Directive.
This can be extracted from how the agency worker is viewed as a cover piece, and is only considered from a business perspective, rather than
another type of worker who should have more, if not equal rights, to those there on a permanent basis. This gradual development (or lack of
development at the time) benefited the end ... Show more content on Helpwriting.net ...
This reiterates the above, demonstrating that the Member States were complacent where the rights of the agency worker were concerned, and
how vulnerable the agency worker was within the work force. These types of workers have always been left unclarified, it provides employers
with a scapegoat to terminate, or employ, an agency worker without the same implications that are attached to a permanent employee from day
one. The theoretical theory of the agency worker gives the understanding that they are expected to cement over the cracks and cover the duties
of others that are on long term leave, for example maternity. The agency worker is a rapid solution to rush another body into the work
environment. This impacts the career development of the agency worker, questioning the high quality of work and the satisfaction they
receive. The chance to progress and be selected for internal promotions would be limited and once the assignment was completed, the agency
worker potentially would no longer be required. It subconsciously brackets certain groups such as young school leavers, working mothers and
older workers into committing to this type of employment, due to the beneficial features it potentially has for the individual . It is a fine
balance between flexibility and security for both the agency worker and the end user, both key concepts for both contracting parties.
Arrowsmith (2009 ) supports the expressed

The Common Law Concept Of Vicarious Liability

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The Common Law Concept Of Vicarious Liability