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Vicarious liability case study
Actionable negligence in tort
Vicarious liability case study
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CRITICAL LEGAL THINKING CASE STUDY 2 By: Hazel Grace Medina FSCJ- Fall 2017 BUL3130 Prof. Bob Allen CRITICAL LEGAL THINKING CASE STUDY 2 There are many key facts to this case that can have Flowers Inc. held responsible for the caused damages. Employers are liable for their carelessness in managing and hiring employees. There are two basic concepts that underlie employer liability (An Employer's Liability for Employee's Acts, n.d.). First, employee’s actions are reflected on the employer. Second, is the legal systems motivation of meeting the goal of having the victim(s) situation handled. Employers have a better chance of fulfilling goals for paying hospital bills, compensation, and issues and fees that needs to be handled from …show more content…
Vicarious liability refers to situations where an employer is held responsible for the actions of an employee, provided that the incident occurred during employment (nderstanding what vicarious liability means for employers, 2012). One type of vicarious liability is Respondeat Superior, meaning “let the master answer.” This doctrine holds the employer liable for the fact that Ruth, as an employee, was performing duties for Ron, the supervisor or “master,” at the time of negligence (Vicarious Liability/Respondeat Superior, n.d.). Ron’s decision on choosing Ruth to deliver the flowers gives Jim an ability to claim recovery from Flowers Inc. Supervisors have knowledge of their employees’ capabilities or lack-there-of. Second key fact is Ruth’s carelessness in parking her vehicle that somehow led to harming Jim. Although Ruth had no intentions of causing harm, if it weren’t for her recklessness, the incident would not have happened. Jim can claim recovery from Ruth, in tort law, by her violation of duty of care (What is a "duty of care"?, n.d.). It is when one acts negligently and harms a person that causes suffering, whether physically, economically, or mentally, from their failure of being reasonably
T. Paulette Sutton is one of the world’s leading experts in bloodstains and is the former Assistant Director of Forensic Services and Director of Investigations at the University of Tennessee, Memphis. She has been involved in nationally known murder cases and has worked hard during her long career to make a position contribution to the legal system. Sutton says, “Its best for my fellow man that we get the killers off the street.” Since 2006 Sutton has been officially retired but continues to teach, consult, and testify about her area of expertise.
Vicarious liability assigns liability for an injury to a person who did not cause the injury but who has a particular relationship to the person who did
“A friend of mine, Barbara Silva, a nurse at Waltham school was driving to work on Route 128 when another car suddenly cut her off. For some reason the truck ahead of [that car] braked abruptly and [the car] banged into it. She slammed into [the car]. It was a horrible accident. It could have been avoided if [the other car] hadn’t jumped lanes.
A. Define the Problem Natureview Farm, Inc. (Natureview), a small yogurt company founded in 1989, produces and markets yogurt using natural ingredients and a distinct manufacturing method that yields a smooth, creamy texture without adding artificial thickeners. As a result of this emphasis on natural ingredients, the brand has established a reputation for high quality, great tasting yogurt and is the leading natural foods brand of refrigerated yogurt. Natureview’s yogurts – available in twelve flavors in 8-ounce cups, four flavors in 32-ounce cups, and multi-pack yogurt products – are distributed nationally and the company shares leadership in the natural food channel. In 1999, the company’s revenues grew from $100,000 to $13 million; however, despite Natureview’s success and well-established brand, the company has long battled to preserve a steady level of profitability. In 1996, Jim Wagner was hired as chief financial officer and was able to successfully achieve steady profitability for the company.
Yes. John is liable to damage claim by Robert. This is under deep insight that the cause of the accident was due to the over speeding despite the weather. Additionally, John gained control after Robert was thrown out. He skidded intentionally to have Robert thrown out. Therefore, John is liable for the claim.
2.) Yes, intentionally, they should be sued for money and that employee should be fired and thrown in jail for some type of charges. That is criminal, "Attempted Murder by Poisioning", would be the correct usage. Negligence is a little different, I mean, yes there should've been more attention paid to the substance but if I read it correctly, it could've been confused as sugar to the common eye. Maybe Dickey's
The 2 company’s websites that are my competitors are Service Masters and Wilson Lawn Care. These 2 landscaping services has been in business around 10 years. The success of the business is being consistent. People tend to look at the landscaping industry as a summer or seasonal business. Landscaping is a year-round business. Most of the lawn care is affected by using chemicals in the off season or fall or spring time of the year. To understand this industry, you need to what to do and when to do it.
Instead of pushing for criminal prosecution, the Occupational Safety and Health Administration fined the family because the founder and had just died and the new owner said there would be major changes. It happened again thirteen years later and the family once again pursued help from OSHA only for Occupational Safety and Health Administration not to push for criminal charges (Hatch). This can be an example of how OSHA has been ran with a lenient hand.OSHA Administrator John Henshaw says "The fine is the same for a serious violation whether workers die or not. But the fact is, all we can do is cite for the violation or the hazard,". (Hatch) "The most companies will get for the death of an employee is, a maximum fine of $500,000 and for an individual is six months in prison or a maximum fine of $250,000 (Hatch)." Do you think that the people investgating this case think about these people familines and how they may felt knowing or unknowingly knowing that this company killed their love one and all they got was a warning, or maybe a fine. And most companies like McWane Inc would where just play the fine then fix the things in there factorys. But there are individuals and
Sunshine company faces the nonexistence loyalty from their own employees. Although the company needs to change their recruitment process, even then they might still have dishonest employees running their stores. This limitation is crucial because Sunshine is losing revenue every year. In addition, if their customers find out the branch managers have been pocketing their extra money they could be saving they will lose loyal customers. Sunshine can control who they hire however they may still be hiring individuals who may seem loyal but are really thefts. You cannot change who someone is.
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
However, in order to prove vicarious liability, we have to show that his negligence was done in the course of his employment and not as a “frolic of his own” .
Competition in the industry was intense during 1990. Borland and Microsoft had both emerged as large competitors of Lotus. Each had develop duplicate versions of Lotus¡¦s 1-2-3- program. The popularity of Microsoft surprised the industry when the company introduced a bundled ¡§suite¡¨ that included its spreadsheets, word processors, graphics package, and database manager. There strategic approach to software development and marketing led to a growing market share for the company.
Vicarious liability is incident only to a relationship of controlled employment, tr... ... middle of paper ... ... n any case the insurance premium that covers the claim is generally cheaper than if the employer was to directly compensate the tort victim. Therefore, the principle of vicarious liability is the best compromise which could have been reached between the needs of tort victims for compensation and the freedom of businesses to operate without excessive burdens. --------------------------------------------------------------------- [1] P418.
Vicarious liability is established in a relationship between an employer and employee according to the stipulated contract. When an injury occurs to a student, the parents are more likely to directly sue the school rather than the teachers simply because the school has ‘deeper pockets’. One of the traditional principle of negligence is that a defendant is at fault of the injury of the plaintiff. According to corrective justice theory, the teacher is obliged to restore the student back to his or her original state before the injury. However, the burden is too heavy for a teacher to compensate every damage the court finds he or she is accountable of therefore, vicarious liability shifts the burden of compensation. In other words, the doctrine of vicarious liability improved the weak aspect of corrective justice theory therefore,
After the organization has decided how they will enter the international market, the next problem is how to build a marketing plan or how to design the overall marketing mix. LINK NATURAL PRODUCTS (PRIVATE) LTD is a manufacturing herbal healthcare products and marketed to export and domestic markets. Therefore the company is planning to market their products in 32 European and Asian countries, while meeting their competitive business objectives. To achieve these objectives, the business must ensure that balances the four elements of the marketing (four Ps of marketing). Every product has its own different mix of the four Ps. The right mix of these four Ps will lead to the achievement of the marketing objectives and will result in the high