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Employer Duty of Care

In: Business and Management

Submitted By estrame
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1. Explain whether Jake’s actions are in or out of “his scope of employment”.

The connection between employer and employees establish the success of a business. Employees are expected to have loyalty and obedience to his employer. When the employee signs a contract is willing to be bound and give the employer the best of his work. Most important the employee is supposed to follow all lawful and clearly given command of his employer and any difference or negligence of duty is punishable under law as well. In other words, the employee is bound by rules and regulations at his workplace and it could be liable for a penalty or punishment in case of violation of any kind. The employer is also bound to provide certain workplace conditions to the employees and the employer needs to give clear instructions to his employees to avoid errors. Thus both employee and employer should perform their part of duty in the best interest of the business and attract more customers.
In Longmeid v. Holliday, the distinction is recognized between an act of negligence imminently dangerous to the lives of others, and one that is not so. In the former case, the party guilty of the negligence is liable to the party injured, whether there be a contract between them or not; in the latter, the negligent party is liable only to the party with whom he contracted, and on the ground that negligence is a breach of the contract (6 Ex 761, 155 ER 752).
Every man who, by his culpable negligence, causes the death of another, although without intent to kill, is guilty of manslaughter. (2 R. S. 662, § 19.) A chemist who negligently sells laudanum in a phial labeled as paregoric, and thereby causes the death of a person to whom it is administered, is guilty of manslaughter. (Tessymond’s case, 1 Lewin's Crown Cases, 169.) “So highly does the law value human life, which it admits of no justification

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