Vicarious liability holds one party liable for the actions of another. The presentation discusses emerging issues and trends in vicarious liability, including liability for parents, motor vehicle owners, sports clubs, and use of communication devices. It provides examples of court cases where employers, hospitals, and non-profit organizations were held vicariously liable for employee actions. The document recommends capping some types of vicarious liability and recognizes it as a tool for injured parties to receive compensation.
This document discusses the principles of vicarious liability in employer-employee relationships. It provides definitions of key terms like employee, course of employment, and requirements for vicarious liability. Specifically, it states that for an employer to be vicariously liable, the tort must have been committed by an employee acting within the course of their employment. It also examines how the courts have ruled on specific scenarios involving negligence, fraud, theft, assault, and intentional wrongful acts.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
The document summarizes the internship diary of Ronak Karanpuria during their internship at the Supreme Court of India under Justice Dipak Misra. Over the course of 6 days, the intern observed court proceedings, conducted legal research, and worked on case studies. Some of the key cases discussed include appeals related to land disputes, criminal convictions, and employee benefits. The intern gained experience in legal research, analyzing facts and issues in cases, and summarizing judicial decisions.
The document discusses the capacity of minors to contract under Indian law. It summarizes that minors, persons of unsound mind, and those disqualified by law are not competent to enter valid contracts. While a minor's agreements are voidable, the 1903 Privy Council case of Mohoribibi v Dharmodas Ghose established they are not absolutely void. Later cases further modified this stance, finding that agreements made by guardians on a minor's behalf or for their benefit can be binding. The document outlines exceptions where minors may be bound, such as beneficial contracts, as well as the inability of minors to ratify agreements made during their minority through subsequent confirmation.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
1) Vicarious liability holds a person liable for the wrongful acts of another person, even if the liable person is blameless themselves.
2) Vicarious liability is based on the maxims "he who acts through another is deemed in law as doing it himself" and "let the principal be responsible".
3) Public policy also supports vicarious liability as it encourages those in charge of affairs or who set things in motion to ensure safety of others involved in those affairs.
This document discusses the definition and elements of criminal force under Indian law. It provides examples of what constitutes criminal force, such as intentionally pulling a woman's veil without her consent or pushing against someone on the street. Mere breaking into an empty house would not involve criminal force, but striking an object being carried by a person would. The key elements are the intentional use of force without consent, in order to commit an offense or cause injury/fear. Assault involves the threat or preparation to use force, while criminal force involves actual unlawful physical contact or motion.
This document discusses the principles of vicarious liability in employer-employee relationships. It provides definitions of key terms like employee, course of employment, and requirements for vicarious liability. Specifically, it states that for an employer to be vicariously liable, the tort must have been committed by an employee acting within the course of their employment. It also examines how the courts have ruled on specific scenarios involving negligence, fraud, theft, assault, and intentional wrongful acts.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
The document summarizes the internship diary of Ronak Karanpuria during their internship at the Supreme Court of India under Justice Dipak Misra. Over the course of 6 days, the intern observed court proceedings, conducted legal research, and worked on case studies. Some of the key cases discussed include appeals related to land disputes, criminal convictions, and employee benefits. The intern gained experience in legal research, analyzing facts and issues in cases, and summarizing judicial decisions.
The document discusses the capacity of minors to contract under Indian law. It summarizes that minors, persons of unsound mind, and those disqualified by law are not competent to enter valid contracts. While a minor's agreements are voidable, the 1903 Privy Council case of Mohoribibi v Dharmodas Ghose established they are not absolutely void. Later cases further modified this stance, finding that agreements made by guardians on a minor's behalf or for their benefit can be binding. The document outlines exceptions where minors may be bound, such as beneficial contracts, as well as the inability of minors to ratify agreements made during their minority through subsequent confirmation.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
1) Vicarious liability holds a person liable for the wrongful acts of another person, even if the liable person is blameless themselves.
2) Vicarious liability is based on the maxims "he who acts through another is deemed in law as doing it himself" and "let the principal be responsible".
3) Public policy also supports vicarious liability as it encourages those in charge of affairs or who set things in motion to ensure safety of others involved in those affairs.
This document discusses the definition and elements of criminal force under Indian law. It provides examples of what constitutes criminal force, such as intentionally pulling a woman's veil without her consent or pushing against someone on the street. Mere breaking into an empty house would not involve criminal force, but striking an object being carried by a person would. The key elements are the intentional use of force without consent, in order to commit an offense or cause injury/fear. Assault involves the threat or preparation to use force, while criminal force involves actual unlawful physical contact or motion.
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
- Negligence is a tort involving the failure to exercise reasonable care which results in damage. It involves three elements - a legal duty of care, a breach of that duty through failure to exercise reasonable care, and damage resulting from that breach.
- In negligence cases, the plaintiff must prove these three elements. The defendant can defend themselves by arguing contributory negligence, an act of God (vis major), or an inevitable accident.
- Negligence law establishes the standard of care owed in different contexts like medical services and legal services through case law precedents. What constitutes a breach of the duty of care depends on factors like the risk and importance of the task.
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
Chapter 36 – Third-Party Relations of the Principal and the AgentUAF_BA330
This document discusses the legal principles governing the relationships between principals, agents, and third parties in both contract and tort law. It covers topics such as an agent's authority to bind a principal to contracts, a principal's liability for an agent's torts under respondeat superior or for misrepresentations, and exceptions where agents may be liable instead of or in addition to principals. It provides examples to illustrate these concepts and tests readers' understanding with multiple choice questions.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
1. The document discusses the rules of strict liability established in Rylands v. Fletcher, where a defendant can be held liable for damages caused by an escape from his land of something dangerous, even without negligence.
2. It then explains the evolution of the rule of absolute liability in India established in M.C. Mehta v. Union of India, where industries engaged in hazardous or inherently dangerous activities can be held absolutely liable for any resulting harms with no defenses.
3. Examples of the Bhopal gas tragedy case and M.C. Mehta case are provided where the rule of absolute liability was applied.
Quantum meruit by Neeraj Bhandari ( Surkhet.Nepal )Neeraj Bhandari
Quantum meruit allows a party to a contract to recover the value of work performed if the contract is not completed due to breach by the other party. It is based on an implied promise to pay for benefits received. Claims can arise in cases of void agreements, non-gratuitous acts, acts preventing completion, divisible contracts where benefits were received, and indivisible contracts completed but performed badly. Recovery is limited to the value conferred rather than full payment due under the original terms.
Rylands v. Fletcher established the rule of strict liability for abnormally dangerous activities. Rylands constructed a reservoir on his land which was negligently built by contractors. The water from the reservoir escaped and flooded a mine owned by Fletcher, causing significant damage. While Rylands was not negligent, the courts found him strictly liable because he brought something dangerous (water) onto his land that then damaged his neighbor. This landmark case established that those who keep dangerous things on their land are liable for any damage caused if they escape, regardless of negligence.
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
This document discusses contracts of guarantee under Indian law. It defines key parties in a contract of guarantee as the surety, principal debtor, and creditor. It outlines types of guarantees as specific or continuing. It explains rules around revocation of continuing guarantees, liability of the surety, discharge of the surety, consideration, and distinction between contracts of guarantee, indemnity and insurance. Key points covered are types of guarantees, rights and liabilities of parties, essential elements, and discharge or revocation of a guarantee.
- Vicarious liability under criminal law holds one person responsible for the criminal actions of another. For example, a getaway driver can be found guilty of armed robbery even if they did not directly commit the robbery.
- In India, various sections of the IPC impose vicarious liability on masters or owners for acts committed by their agents or servants in certain situations. Special statutes also frequently impose vicarious liability.
- For corporations to be held criminally liable, the courts look to see if the criminal intent or actions can be attributed to the "directing mind" of the corporation such as directors or senior managers. Merely having employees who commit crimes is not enough for corporate criminal liability.
Justification of Torts & General Defencesairlawacademy
Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document discusses the offense of wounding under Kenyan law. It defines wounding as an injury that takes the form of an incision or puncture dividing or piercing any exterior membrane of the body. The actus reus for unlawful wounding is any break in the continuity of the skin. The mens rea is intention or recklessness - the attacker must intend or foresee the risk of some bodily harm. The document examines several court cases related to wounding to illustrate how courts have interpreted and applied the law.
Case Analysis on offences related to elections IPC Section 171 C & 171 FAbhinandan Ray
The document summarizes an election petition case in India. It provides background on the petitioner challenging the election results, alleging corrupt practices. It discusses the key facts of the election results and allegations. The legislative provisions around undue influence and personation are also summarized. The arguments centered around whether voters were prevented from voting and errors in counting. Ultimately, the high court allowed the appeal and set aside the election tribunal's judgment declaring the appellant's election void.
Personalized marketing creates individualized messages for consumers by using automated processes and customer-centric recommendation engines. It allows customers to customize products to their specifications. By offering consumers products they already want, businesses are more likely to convert visits to sales. Personalized marketing represents customers by finding them through their behavior and integrated channels, using owned big data and fact-based decisions. Recommender systems seek to predict user preferences and provide recommendations for items similar to a user's profile or items liked by similar users. Content-based filtering uses a user's profile while collaborative filtering matches users with similar tastes. Knowledge-based systems use defined rules or similarity measures to meet user requirements. Hybrid systems combine approaches to solve cold start problems and better adapt to changing
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
- Negligence is a tort involving the failure to exercise reasonable care which results in damage. It involves three elements - a legal duty of care, a breach of that duty through failure to exercise reasonable care, and damage resulting from that breach.
- In negligence cases, the plaintiff must prove these three elements. The defendant can defend themselves by arguing contributory negligence, an act of God (vis major), or an inevitable accident.
- Negligence law establishes the standard of care owed in different contexts like medical services and legal services through case law precedents. What constitutes a breach of the duty of care depends on factors like the risk and importance of the task.
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
Chapter 36 – Third-Party Relations of the Principal and the AgentUAF_BA330
This document discusses the legal principles governing the relationships between principals, agents, and third parties in both contract and tort law. It covers topics such as an agent's authority to bind a principal to contracts, a principal's liability for an agent's torts under respondeat superior or for misrepresentations, and exceptions where agents may be liable instead of or in addition to principals. It provides examples to illustrate these concepts and tests readers' understanding with multiple choice questions.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
1. The document discusses the rules of strict liability established in Rylands v. Fletcher, where a defendant can be held liable for damages caused by an escape from his land of something dangerous, even without negligence.
2. It then explains the evolution of the rule of absolute liability in India established in M.C. Mehta v. Union of India, where industries engaged in hazardous or inherently dangerous activities can be held absolutely liable for any resulting harms with no defenses.
3. Examples of the Bhopal gas tragedy case and M.C. Mehta case are provided where the rule of absolute liability was applied.
Quantum meruit by Neeraj Bhandari ( Surkhet.Nepal )Neeraj Bhandari
Quantum meruit allows a party to a contract to recover the value of work performed if the contract is not completed due to breach by the other party. It is based on an implied promise to pay for benefits received. Claims can arise in cases of void agreements, non-gratuitous acts, acts preventing completion, divisible contracts where benefits were received, and indivisible contracts completed but performed badly. Recovery is limited to the value conferred rather than full payment due under the original terms.
Rylands v. Fletcher established the rule of strict liability for abnormally dangerous activities. Rylands constructed a reservoir on his land which was negligently built by contractors. The water from the reservoir escaped and flooded a mine owned by Fletcher, causing significant damage. While Rylands was not negligent, the courts found him strictly liable because he brought something dangerous (water) onto his land that then damaged his neighbor. This landmark case established that those who keep dangerous things on their land are liable for any damage caused if they escape, regardless of negligence.
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
This document discusses contracts of guarantee under Indian law. It defines key parties in a contract of guarantee as the surety, principal debtor, and creditor. It outlines types of guarantees as specific or continuing. It explains rules around revocation of continuing guarantees, liability of the surety, discharge of the surety, consideration, and distinction between contracts of guarantee, indemnity and insurance. Key points covered are types of guarantees, rights and liabilities of parties, essential elements, and discharge or revocation of a guarantee.
- Vicarious liability under criminal law holds one person responsible for the criminal actions of another. For example, a getaway driver can be found guilty of armed robbery even if they did not directly commit the robbery.
- In India, various sections of the IPC impose vicarious liability on masters or owners for acts committed by their agents or servants in certain situations. Special statutes also frequently impose vicarious liability.
- For corporations to be held criminally liable, the courts look to see if the criminal intent or actions can be attributed to the "directing mind" of the corporation such as directors or senior managers. Merely having employees who commit crimes is not enough for corporate criminal liability.
Justification of Torts & General Defencesairlawacademy
Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document discusses the offense of wounding under Kenyan law. It defines wounding as an injury that takes the form of an incision or puncture dividing or piercing any exterior membrane of the body. The actus reus for unlawful wounding is any break in the continuity of the skin. The mens rea is intention or recklessness - the attacker must intend or foresee the risk of some bodily harm. The document examines several court cases related to wounding to illustrate how courts have interpreted and applied the law.
Case Analysis on offences related to elections IPC Section 171 C & 171 FAbhinandan Ray
The document summarizes an election petition case in India. It provides background on the petitioner challenging the election results, alleging corrupt practices. It discusses the key facts of the election results and allegations. The legislative provisions around undue influence and personation are also summarized. The arguments centered around whether voters were prevented from voting and errors in counting. Ultimately, the high court allowed the appeal and set aside the election tribunal's judgment declaring the appellant's election void.
Personalized marketing creates individualized messages for consumers by using automated processes and customer-centric recommendation engines. It allows customers to customize products to their specifications. By offering consumers products they already want, businesses are more likely to convert visits to sales. Personalized marketing represents customers by finding them through their behavior and integrated channels, using owned big data and fact-based decisions. Recommender systems seek to predict user preferences and provide recommendations for items similar to a user's profile or items liked by similar users. Content-based filtering uses a user's profile while collaborative filtering matches users with similar tastes. Knowledge-based systems use defined rules or similarity measures to meet user requirements. Hybrid systems combine approaches to solve cold start problems and better adapt to changing
This very short document does not contain enough contextual information to generate a meaningful 3 sentence summary. It consists of only two words: "test1" and "welcome" without any other details.
Students are to submit all out of class essays and projects electronically through Kaizena before the due date. When submitting, students should save their file with their last name and assignment number. This will help the teacher keep work organized. Students will be given a group code to join on Kaizena, where they can upload their file to the private conversation with the teacher. The teacher will then grade the paper and leave audio and written comments, as well as helpful links, for the student to view in the private conversation on Kaizena.
Este documento habla sobre cómo los años pasan y los recuerdos permanecen. Aunque la vida trae momentos felices y tristes, lo más importante es vivir cada día al máximo y apreciar los pequeños momentos de alegría. La vida es corta, así que debemos valorarnos a nosotros mismos y no preocuparnos demasiado por los errores del pasado.
Kim Goodwin is doing a virtual seminar on designing with scenarios because she believes scenarios are the best design tools. Scenarios are stories about specific people in specific situations that can help with design decisions by considering interactions holistically rather than in isolation. The seminar will cover what scenarios are, why they are useful, when to use them, deriving requirements from them, and sketching with them.
El documento presenta información breve sobre importantes científicos a través de la historia como Galileo Galilei, un astrónomo y físico italiano del Renacimiento; Albert Einstein, un físico alemán considerado el científico más importante del siglo XX; Sir Isaac Newton, un físico, filósofo, teólogo e inventor inglés; Gregor Mendel, un monje agustino que describió las leyes de la herencia genética a través de experimentos con guisantes; y Alexander Fleming, un científico escocés conocido por descub
This document provides an overview of the syllabus and requirements for a creative writing class. It includes sections on adding the class, required materials, assignments, policies, and the class website. Students are expected to regularly attend class, participate in discussions, complete formal writing projects, and post creative writing to the class website. Assignments include poetry, fiction, and drama projects. Students will be graded based on participation, assignments, quizzes, and tests. The document outlines policies on plagiarism, conduct, late work, and attendance. It also provides information on establishing accounts on the class website to submit homework and access course materials.
Este documento presenta los resultados de una encuesta sobre la frecuencia relativa de uso de diferentes tipos de lámparas. La encuesta encontró que el 45% de los encuestados usan lámparas que funcionan entre 15-20 watts, mientras que el 38% usan lámparas de 10-15 watts. Las lámparas de 0-5 watts y 5-10 watts son usadas por el 7% y 10% respectivamente.
Sintomas pós parto que você nunca deve ignoraradrianomedico
O documento lista sintomas pós-parto que requerem atenção médica imediata, como hemorragia intensa, dor de cabeça forte, dificuldade para respirar, ou febre alta. Também descreve problemas como corrimento vaginal abundante ou depressão que devem ser avaliados por um médico, embora não sejam emergências. Aconselha as mães a procurarem ajuda médica imediata para qualquer sintoma incomum após o parto.
This document discusses various aspects of adaptation and survival in the natural environment. It covers topics like animal adaptation and how different animals survive in their environments. It defines key terms like ecology, ecosystem, habitat, predator, prey, climate, weather. It provides examples of animal architecture like bee hives, ant hills, bird nests. It also discusses mimicry, camouflage techniques used by animals and ships. Specific examples covered include jellyfish anatomy and sting mechanism. The document also briefly mentions carnivorous plants and how they survive.
INVESTIGATION ON MECHANICAL PROPERTIES OF BACTERIAL CONCRETE WITH FLYASH PART...Ijripublishers Ijri
For making it economical, a part of the cement by weight is replaced with a material called ‘fly ash’ which is cheaper in
cost and abundantly available. On the other hand the cracks in concrete lead to leakage problems and there is a need
to address these problems for future.
In the above context, the objective of the present investigation is to obtain the performance of the concrete by adding
microbiologically induced special growth/filler and part of cement replaced by fly ash. One such thought leads to the
development of very special concrete known as bacterial concrete where bacteria is induced in the concrete and part
of the cement replaced by fly ash. A technique is adopted in the formation of concrete by utilizing microbiologically
induced calcite (CaCo3) precipitation. Microbiologically induced calcite precipitation (MICP) is a technique that comes
under a broader category of science called Bio-Mineralization. ‘Bacillus Subtilis’, a common soil bacterium can induce
the precipitation of calcite.
This document provides an overview of industrial management. It defines key terms like management, industry, and industrial management. It discusses management as both a science and an art. It also outlines several approaches to management like scientific management pioneered by Taylor which emphasized time and motion studies. The document covers the objectives, functions, importance and scope of industrial management.
This document provides an assessment of 61 years of affirmative action/reservation policies in India. It argues that reservation was intended to be a temporary measure but has become a permanent fixture. Reservation undermines merit and promotes reverse discrimination. It has strengthened caste divisions rather than removing inequalities. After 60+ years, officially there are still no communities that have crossed barriers of backwardness. True equality will be achieved by increasing merit for all rather than through illusory policies like reservation.
The document is an economics presentation about price effect. It defines price effect as the change in demand in response to a change in price of a commodity, with other factors held constant. Price effect is the sum of the substitution effect and income effect. The substitution effect occurs when consumers substitute cheaper goods for more expensive goods to maximize satisfaction at a fixed income level. The income effect depends on whether a good is normal, inferior, or a Giffen good, and how changes in real income from price changes affect demand for that good.
We, Kosmos Care, are an American healthcare service company that provides quality cancer treatment through radiotherapy and chemotherapy in collaboration with hospital groups like Virgin Healthcare and Virgin Life Care. We promise to give patients a new life with enhanced technology and unprecedented care so that they can live freely without cancer controlling their lives.
The Street Lawyer tells the story of Michael Brock, a wealthy lawyer at a large firm who is taken hostage during an incident involving a homeless man. This experience prompts Michael to investigate his firm's treatment of the homeless. He discovers his firm illegally evicted a homeless family, indirectly causing their deaths. Michael decides to leave his high-paying job and wife to join a legal clinic assisting the homeless. The book focuses on Michael helping the homeless community and building a case against his former employer.
The Green Mile is a 1999 film based on the Stephen King novel of the same name. It tells the story of Paul Edgecomb, a corrections officer in 1935 Louisiana who oversees death row inmates. A new prisoner, the giant but gentle John Coffey, is sentenced to death for murder but seems to possess mysterious healing powers. The film explores themes of capital punishment, religion, and the harm humans inflict upon one another. It features emotional performances and heartfelt exploration of its complex characters, though some felt the ending was unnecessary. Overall, reviews say The Green Mile is a lengthy but moving film that tells an impactful story about justice, humanity and hope.
The Street Lawyer tells the story of Michael Brock, a wealthy lawyer at a large firm who becomes disillusioned after a homeless man takes hostages at the office. Michael discovers his firm illegally evicted the man, causing the death of a homeless family. He leaves his high-paying job and wife to work for Mordecai Green at a legal clinic helping the homeless. Though the plot is dull, Grisham creates interesting characters like Michael and Mordecai who drive the story of Michael changing his career to help the less fortunate.
The Green Mile is a 1999 film based on the Stephen King novel of the same name. It tells the story of Paul Edgecomb, a corrections officer in 1935 Louisiana who oversees death row inmates. A new prisoner, the giant but gentle John Coffey, arrives and displays mysterious healing powers. Coffey is sentenced to death for murder, but Edgecomb comes to believe he may be innocent. The film explores themes of capital punishment, religion, and the harm humans inflict on each other. It features emotional performances and earned several Academy Award nominations.
DOWRY DEATH UNDER SECTION 304-B OF IPC BY PRACHI,PRATIK, PRASANJIIT & PRAVEEN...ADVOCATE PRAVEEN KUMAR
This document discusses dowry practices around the world and in India specifically. It provides definitions of dowry under Indian law and an overview of:
1) The social effects of dowry such as abuse, murder, and female infanticide.
2) Indian dowry laws like the Dowry Prohibition Act of 1961 and sections 304-B and 498A of the Indian Penal Code.
3) Key issues addressed by the courts like determining dowry deaths, cruelty, and presumption of dowry deaths.
This case review summarizes the Supreme Court case B.R. Kapur v. State of Tamil Nadu regarding the appointment of J. Jayalalitha as Chief Minister of Tamil Nadu. The key issues were: 1) Whether a disqualified person can be appointed CM, 2) Whether a CM's appointment is judicially reviewable, and 3) Whether the invalidation of the appointment nullifies other acts. The Court held that a disqualified person cannot be CM, the Governor's appointment is reviewable but not the Governor, and other acts would remain valid to avoid administrative chaos. The Court affirmed that the Constitution prevails over popular mandate.
This document summarizes an upcoming presentation on emerging issues and trends in vicarious liability. It will cover topics like parental liability, motor vehicle liability when using communication devices, professional liability, liability of sports clubs and non-profit organizations. The presentation will define vicarious liability, explore the historical and legal justifications for it, provide an overview of existing trends, and discuss some emerging trends and related legal cases involving these issues.
RISQ presents a spiritual services agency with a vision of total happiness and a mission to teach mankind attainment of ultimate happiness through spirituality. Their proposed services include a two-month meditation course with daily practice and feedback, followed by a holiday abroad with foreign guidance collaborators. Their marketing mix will include promotion through their website, magazines, and personnel to target metros in India and establish a niche market before foreign expansion. They aim to address gaps in customer expectations, service quality standards, performance, promises, and perceptions through various solutions like CRM systems, customer research, and service indexes.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
3. WE HAVE USED DOCTRINAIRE METHODS OF RESEARCH IN OUR PROJECT. PROJECT IS DESCRIPTIVE AND ANALYTICAL IN NATURE . METHODOLOGY
4. CHAPTERIZATION Introduction To Vicarious Liability Definition Of Vicarious Liability Essential Elements To Establish Vicarious Liability Justification Of Vicarious Liability An Overview Of The Existing Trends Some Of The Emerging Trends And Issues Parental Liability Motor Vehicle Liability Use Of Communicational Devices Professional Liability Liability Of Sports Clubs Liability of non-profit organization Conclusion Recommendations Bibliography
5. VICARIOUS LIABILITY Vicarious liability is a form of secondary liability that arises because of the the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that has a "right, ability or duty to control" the activities of a violator.
6. Special relation between who is held responsible and who has committed the act. The act should be during the course of employment. ESSENTIAL ELEMENTS TO ESTABLISH VICARIOUS LIABILITY
7. REASON FOR EXISTENCE Historical Reason- Lack of identity for slaves Legal Reason- “Qui Facit Per Alium Facit Per Se” (The act done by me on your behalf is not mine) Public Policy- Respondent Superior REASON FOR EXISTENCE
8. An Overview Of The Existing Trends EMPLOYER’S LIABILITY Employers are vicariously liable for negligent acts or omissions by their employees in the course of employment. For an act to be considered within the course of employment it must either be an authorized act or closely connected to an authorized act.
18. Common EmploymentPARTNER’S LIABILITY Partners and the firm is liable for the wrongful acts or torts committed by the partners during the course of business for which they have agreed to be partners as their relation is similar to principal – agent relationship.
19. EMERGING TRENDS EMERGING TRENDS & ISSUES Use of communicational devices. Professional liability. Parental Liability. Motor Vehicle Liability. Liability of Sports Clubs. Liability of Non-Profitable Organization.
20. Use of Communicational Device Application of Negligence Doctrine to our Technological Society The liability of employer creeps in when it can be proved that the injuries sustained by the plaintiff are due to an employee’s use of a communicational device in the course of his/her employment.
21. RELEATED LEGAL PROCEEDINGS In the summer of 2000, an associate of a Virginia law firm who was driving and talking to clients on her cell phone. She collided with a truck and killed a young girl. Her law firm is currently involved in a civil suit brought by the family of the victim which claims that the law firm is vicariously liable for the accident caused by the associate.
22. Related Legal Proceedings In 1999 an investment banking firm paid US $ 500000 to settle a lawsuit launched after one of its broker driving while conducting business affairs on his cell phone struck and killed a motorcyclist. The cell phone was provided by the Firm. Related Legal Proceedings
23. Related Legal Proceedings Related Legal Proceedings In Minnesota, an employer was held not liable when an employee struck another car as she was reaching for her cell phone in response to her daughter's call. In that case, the jury took the position that using the cell phone for her personal work was not part of her job, even though the cell phone was provided by her employer.
24. Difference …. The two case are distinguishable from each other because here the use of the phone was not for business purposes. The decision would have been quite different had the call been from the employer or a client.
25. LIABILITY OF NON-PROFITABLE ORGANIZATION One of the reasons for Vicarious Liability is that the employer has a deeper – pocket. Non-profit organizations should not be held liable because they cannot be attributed a deeper pocket. But, recently in some of the judgments pronounced such organizations have been assigned liability for wrongful acts committed by the employees.
26. Related Legal Proceedings Related Legal Proceedings Bazley v Curry [1999]2 S.C.R. 534 The appellant Foundation, a non‑profit organization, operated two residential care facilities for the treatment of emotionally troubled children. As substitute parent, it practiced “total intervention” in all aspects of the lives of the children it cared for. The Foundation hired C, a pedophile, to work in one of its homes. The Foundation did not know he was a pedophile. After investigating a complaint about C, and verifying that he had abused a child in one of its homes, B, the respondent, sued the Foundation for compensation for the injury he suffered while in its care. The chambers judge found that the organization was vicariously liable and the Court of Appeal upheld that decision.
27. So, the employers are vicariously liable for the acts authorized by the employer and unauthorized acts so connected with authorized acts that they may be regarded as improper modes of doing authorized acts.
28. Jacobi v. Griffiths In this case, Boys and Girls Club, a non-profit organization incorporated under the Societies Act, employed the respondent G as Program Director. Children in the club were sexually abused by the employee at his home and the assaults were not in the due course of employment. So, there was a question as to whether the firm can be held vicariously liable. In the decision it was held that the firm was vicariously Liable because it was only because he was an employee of that firm that he had the opportunity to commit the crime. Related Legal Proceedings
29. Parental Liability Parents are one who have parental rights and responsibilities for the child and include the residential parents and legal custodians. Here the liability is because of the damage your child inflicts on someone else. Your responsibility comes from the parent-child relationship and the expectation of the control over your child. Parental Responsibility laws differ from state to state.
30. ARMS STORAGE LIABILITY SHOPLIFTING INTERNET ACESS AND COMPUTER HACKING SOME COMMON PARENTAL LIABILITIES
31. The California Court of Appeals upheld a verdict against the parents of juvenile computer hackers who accessed the phone company's network in order to make long-distance calls without cost. ( Thrifty-Tel v. Bezenek ) Related Legal Proceedings
32.
33. Three St. Charles, Missouri sixth-graders were caught making a "hit list" and plotting to kill classmates via a sniper attack on the last day of school. ( Cases pending ) Related Legal Proceedings
34. Liability of Sports Club “It’s a man’s game” Players’ testing the boundary between fair and foul play is part and parcel of a game. However, following a recent case (Gravil v. Carroll) in which the Court of Appeal held for the first time that a rugby club was vicariously liable for a tort committed by one of its players, clubs must now ensure that they do not turn a blind eye to such behavior.
35.
36. PROFESSIONAL LIABILITY “MISTAKE OF A LAWYER TAKES A MAN SIX FEET HIGH AND MISTAKE OF A DOCTOR TAKES A MAN SIX FEET LOW.”* PROFESSIONAL LIABILITY
37. VICARIOUS LIABILITY FOR LAWYERS VICARIOUS LIABILITY FOR LAWYERS What if a Lawyer is working for a firm or for a corporate house? Can the Employer organization be held vicariously liable for the tort committed by the employed lawyer? YES!!!
38.
39. Such liability is defended as being direct rather than vicarious.
40. Vicarious Liability for corporations is a justifiable departure from the basic principles because the penalties involve only fines rather than imprisonment and send less of a message of moral condemnation.
41.
42. In 1999, the Supreme Court of Canada handed down two highly publicized decisions which held that vicarious liability can be imposed on an employer for certain unlawful acts committed by an employee, even when the employer has itself not acted negligently. In essence, the Supreme Court stated that where injuries are sustained as a result of actions performed by an employee in the course of his or her duties, liability may attach to the employer.
43. Motor Vehicle Liability Motor Vehicle Liability Even though they are not at fault, vehicle leasing and rental companies as legal owners of the vehicles can be held fully liable for the damage that is caused by their customers even when these companies have absolutely no control over or say in how their customers use their vehicles.
44. In recent years leasing and renting have become very popular and cost effective methods of acquiring a vehicle. Because lessors and rental companies are the legal owners of vehicles, judgments against them have grown dramatically in recent years as damage awards have increased. The unfairness in the imposition of vicarious liability is most clearly demonstrated in cases involving catastrophic motor vehicle accidents where potential damage awards exceed third party liability limits and where the lessor/renter is seen as having the "deep pocket".
45. Morrison v. Grieg [2007] O.J. No.225 (Ont S.C.J) The judgment was rendered in Ontario, based on its prior law, totaled over $23 million for two catastrophically injured plaintiffs. Yeung v. Au. In British Columbia, this May 2006 decision of the Court of Appeal resulted in a $7.5 million judgment. RELATED LEGAL PROCEEDINGS
46. As a result, the most senior levels of management of auto manufacturers questioned their decision to lease vehicles, which was the impetus for legislative change. In August 2005, the United States Congress passed a highway bill eliminating vicarious liability for lessors and rental companies for personal injury and property damage arising from the negligent use of a leased or rented truck or passenger car. Within the past year, some countries have capped this vicarious liability at $1 million, which is effectively offset by a contractual requirement that lease and rental customers carry at least $1 million in insurance coverage.
47. CONCLUSION Laws that punish a defendant's own act or omission that allows another person to do something unlawful impose direct liability, not vicarious liability, although such laws are sometimes mislabeled. Parents sometimes face criminal liability for allowing their minor children to use guns or automobiles or to skip school. These crimes are examples of direct liability, not vicarious liability, as the statutes explicitly hold the parent liable for the parent's own act or omission that caused the harm, rather than for the child's conduct.
48. So, Vicarious Liability is a good tool for the injured to receive proper compensation without creating an actual burden. Till torts exist it is difficult to remove this liability. Trends in this field are growing and are likely to increase with industrialization and rapid changes in the employer – employee relationships. RECOMMENDATIONS
49. BOOKS REFERRED RatanlalDhirajlal, Law of Torts, 25th Edition ,by Singh G.P. Law of Tort, Pearson Education, 8th Edition, by Cooke, John. Winfield & Jolowicz on Tort, 17th Edition . A Text-book of the law, Sweet & Maxwell, 1937, by Winfield P.H. Cases and materials on law of torts ,2nd edition .by Samuel Geoffy. AUTHORITIES CITED All England Reports [AER]. All India Reports [AIR]. Supreme Court Cases [SCC]. WEBITES VISITED www.ogilvyrenault.com/fr/centreDeResources_1428.htm - 17k www.sylviainsurance.com/pdf/cell-phone-while-driving.pdf en.wikipedia.org/wik/Vicarious_liability - 47k BIBLIOGRAPHY