#1. Is Critter Sitters liable for June’s injuries? Be sure to establish a proper legal foundation for your response. The responsible party for her injuries is the company. This being in accordance with the vicarious liability laws. This is because, Sitters has insurance on the vehicles and on the other hand Allens maintain insurance on their personal vehicles. Therefore, Sitters has no responsibility according to the vacarious liability laws. Moreover, it is evident that the doctrine of vicarious liability imputes the wrongful conduct of a tortfeasor to a third person who is considered to be responsible for the tortfeasor’s actions. This responsibility arises out of a special relationship, e.g, in employment relationships, family relationships …show more content…
One ethical issue is the idea to breach a contract reached upon by Warrens, which ends up leading her to other unforseen problems. Additionally, the idea of defaulting a mortgage is unethical. This is because, contracts are intended to last up to the end. However, despite the finite term of an rental contract, there may be instances that require the parties to sever the rental relationship. Depending on the circumstances, breaking a rental contract is usually unethical. However, a written rental agreement between the landlord and the tenant is not necessary if the lease will last less than a year. However, it is recommended that a written agreement be used for all transactions regarding the renting of property. Having the agreement in writing protects both the landlord and the tenant. Items to include in a written agreement are: the term of the agreement, the rent amount, day of month when rent shall be due, amount of security deposit, name and address of the manager, a list of who pays which utilities, and any other provisions decided between landlord and tenant. Altogether, it can be noted that if the landlord does not fulfill the rental agreement in anyway the tenant has the right to terminate the agreement. If the tenant wishes to continue the agreement and fulfill the landlord’s duties, the tenant has the right to deduct …show more content…
Conclusively, it is apparent that Laureens has much to learn about the leagal system and ought to adhere more to the rules. The best way to do this to become more
It was found in the respondents submissions that a duty of care was necessary. The issue of negligence he believed was unsustainable as the risks were minimal and it was not unusual to take one’s eyes off the road. Causation was not satisfied as the judge concluded that the respondent would not have had enough time in any circumstance to avoid a collision with the cow.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
Pet_Net had been off to a great start, but as of late, they have been under some scrutiny. Complications with two of Pet_Net’s dog sitters have placed the company in uncomfortable situations. The first event occurred while a Pet_Net dog sitter was taking a clients dog for a walk in a nearby park. At the moment, with nobody in sight, the sitter let the dog off of the leash. Moments later, a mother and child entered the park. The dog overexcitedly greeted the small child, knocking him over, and breaking his arm. The family is now pressing charges of negligence against Pet_Net and the sitter. The next event occurred while a Pet_Net sitter was looking after a dog at the client’s residence and discovered that the dog looked ill. The sitter took the dog to the vet, but incurred over $2,000 for the emergency service, which the owner is claiming they will not pay. It is
John and Robert are enjoying their first ride in Johns new Miata Convertible with the top down. While the sun is now out. It has just rained, there are still puddles on the road and John is driving much too fast. John loses control of the car on the sharp curve and skids. Robert not wearing his seatbelt, is thrown out from the vehicle and is injured. John, belted in, had gained control of the car and has no injuries. His car is undamaged. Is John liable for damage claim for damage claim from Robert who was not wearing a seatbelt?
In Nader’s first chapter he discusses an accident that involved a Chevrolet Corvair on October 17th, 1961. On this day a women lost her arm due to her own Corvair flipping over. The question was, was this an act of reckless driving or did her car spin out of control? Before anything could even go to trail General Motors decided to pay the woman $70,000. So why would a motor vehicle company pay a person for any of the injuries they sustained in a crash while driving one of their vehicles? The only possible answer was that it was the company’s fault that her vehicle went out of control. The woman was
Ethics, according to the Oxford dictionary is “a set of moral principles that govern a person’s behavior or the conducting of an activity”. Ethics consists of doing what the law requires, following the standards of behavior our society accepts, and also has to do with what you believe is right or wrong. Rent control is not unethical, but is very controversial. If on one hand it is a good thing because it prevent landlord from being unethical charging the tenants unfair rent price, on the other hand it is unfair for the landlords to be imposed a rental price below market price which he/she is morally entitle to. Rent control can create several problems not only for the landlord but for the economy as well.
In my experience as a real estate sales representative, I have looked at many rental properties that are owned by people that are commonly known as slum lords. These units are in disrepair with leaks, mold, mildew, holes in walls, ceiling and poor floor coverings. Many people are afraid of pushing these issues to have repairs done as they might lose their shelter or their rent could be increased. There are people living in a rooms in a house, that are also at risk as they don’t realize they are not protected under the tenant act so the owners can remove them from their shelter without notice. I have also experienced people living in abandoned commercial buildings ...
The suit alleges that the rental car company should be liable for the woman’s death because they “either knew
When someone makes the decision to buy or rent a home they must consider the advantages and disadvantages of each. In buying a home the primary advantage is that you actually own it. You can do whatever you want with it. Also, you are building equity as the years go by. “People today have problems saving for their future” (CNN Money, 2014). However, when they buy a home, the money they put down for a down payment is an investment. When the person sells the home they get back the down payment and the amount the property has appreciated in value. When looking at the advantages of renting it is easy to see the disadvantages of buying for some people. Even though you don’t get the money back that you put into it, renting could be a more satisfying option for some. This is because renting allows for flexibility. The person can move wherever as soon as there lease is up. Renters may see buying as “a reduction in lifestyle, moving to a smaller place, and perhaps a less expensive neighborhood.” (CNN Money, 2014). For example someone who rents an apartment enjoys how the complex keeps up the area and all the amenities it has to offer, and it is in an upper class part of town. However, when they buy they looks all the benefits, they have to do maintenance themselves, and move to an area they don’t particularly like to fit their price range.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
These laws are designed to provide basic requirements for the condition of the rental property, and to protect tenants from dishonest landlords. On the contrary, commercial leases are viewed as being contracts between knowledgeable business people, whom therefore should be able to negotiate the terms of the lease to their respective satisfaction. They are able to contract anything they wish, resulted from ‘freedom contract’, as long as its legal and the courts treat it as reasonable if challenged. Subsequently, there is very little governmental protection, unlike in residential arrangements. An obligation is a promise to perform in a particular way ... ...
In the same understanding, the new renter concurs that he has gained the renting rights and duties of the property and from the purpose of consenting to the arrangement; he will be in charge of all liabilities. In the same declaration, the new renter additionally consents to
As a property-owner, you have certain responsibilities, which are derived from property rental laws as well as from any arrangement whether it was written or verbal amongst the two parties. As with any type of business, there are going to be disputes of some kind. It will mainly be on the tenant’s behalf, they are not happy with something in the property. In turn they get upset with the landlord and says it is their fault. Typically these disputes can be handled amongst the two parties. Every now and again you will come across some that were just not able to dissolve the situation so they had to take it to court. They followed the legal proceedings which they are entitled to.
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the employer than directly compensating the claimant.