...BBC203 Business Law Ass. No. 2 Essay Q.1 Student No. 201212185 What is vicarious liability? Analyse the differences between contractors and employees and explain why these differences are important, in your answer you should consider the multi-factor test. Vicarious liability is a part of Tort law, which can be defined as the imposition of liability on a third party, such as an organisation or employer for the wrong actions, non-actions or negligence of an employee performing their employment duties on behalf of the organisation or employer. It is mostly a component of common law, set by a doctrine of judicial precedents but also involves civil law as vicarious liability falls under concurrent powers with its legislative power of the Parliament, shared between both federal and the states jurisdiction to pass statutes, legislations and Acts (Pendleton & Vickery, 2009). Vicarious liability can only be imposed with a standard of proof, ‘the balance of probabilities’, based on a multi-factor test rule, which includes the usual tests of negligence by the tortfeasor’s conduct, with a dispute process based on proving a ‘balance of probabilities’. To understand vicarious liability it is important to first outline the legal responsibility of an employer for the conduct of employee’s. Employers are responsible to actively contrive precautionary measure, such as policies, procedures and contractual boundaries to minimise the risk of an employee committing a wrongful act while within...
Words: 1405 - Pages: 6
...in the business world. The law in relation to the liability of auditors changed significantly with the introduction of Companies Act 2006. It is now possible for audit firms to limit their liability towards clients through contractual agreements. The current auditing liability regime has proven to be controversial. This essay will first present the relevant liability rules and examine the underlying problems, then evaluating the significance of these rules with regard to auditing reforming. Overall, an auditor can be liable either in contractual, tortious or criminal circumstances. Each of these areas will be discussed in turn. I. Contractual Liability There is usually a contract that exists between the audit company and its client which gives rise to a contractual relationship and its surrounding duties. If an auditor does not exercise reasonable care and skill, the client company will be able to claim for damages for any loss arising from the situation. The auditor’s implied contractual duty of care is owed to the company and not to individual members as the contract is formed with the company as a separate legal person. The role of auditor is to “ascertain and state the true financial position of the company at the time of the audit, and his duty is confined to that.” To discharge this duty fully, basic check of the accounts is needed; some form of enquiry would be required as well. While the standards required in relation to contractual liability are increasing,...
Words: 975 - Pages: 4
...Essentially, consideration is one of the sixth elements of contract which will be discussed in this essay. According to Lord Pollock, in Dunlop v Selfridge Ltd, consideration is ‘an act or forbearance of one party or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable,’ Some elements of consideration which also will be discussed are it must be sufficient in the eyes of law, it need not be adequate, it must not so vague, it can be present or future, but cannot be past. In this essay, I am going to discuss about consideration needs only be sufficient, not adequate and to consider whether there is a sufficient consideration in situations where there is pre-existing legal or contractual duty, and in situations as in Williams and Roffrey Bros or practical benefit. Consideration need only be sufficient, not adequate. It means the court has no interest in determining whether the consideration for a promise is equal to the value of that promise. As long as there is some consideration provided for the promise, the court will enforce that promise. Furthermore, it can be divided into 4 parts. The first part is consideration must have value in the eyes of the law. It means the price does not necessarily to be right as long as there is a value, and the court will not process any further. The case that illustrates this concept is Chappel & Co. v Nestle Co. Ltd. Nestle offered the opportunity to purchase recorded...
Words: 1668 - Pages: 7
...DISCARDED? The “Postal Rule”, commonly known as the “Mailbox Rule” is a principle of contract law. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell, in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving party. In India, though, the specifications of this rule are different. This rule has recently been at the heart of a lot of controversy, as it is believed that its applicability in today’s scenario is questionable and that the rule is archaic in nature. Writing this paper is of importance is because it is essential to understand whether such an exception is still applicable in a scenario wherein the technological advancements complicate our communication systems much more than the law-makers of those times would have deemed possible. Furthermore, this paper is written in the light of a comparative analysis between the contract laws of England and India. England, like India, is a common law country. Since India borrowed a large part of its systems from Britain, the foundations of legal functions in both the nations are very similar, making it is interesting to analyze how and why certain differences came up. In this essay, we first understand the basics of the rule in England, as opposed to what the rule is in...
Words: 497 - Pages: 2
...effects of social responsibilities on the communities. We will focus on the diverse Texas communities of the Shady Mountain sub-division of Leander (rural), the Shadow Glen sub-division of Manor (suburban), and the Kyle neighborhood (urban) (City of Kyle, n.d. and ShadowGlen HOA, 2014 and United States Census Bureau, 2010). Community Profiles Aside from venue differences, the Kyle neighborhood and Shadow Glen communityabideby formal Home Owner’s Association (HOA) agreements (City of Kyle, n.d. and ShadowGlen HOA, 2014). Comparably,the Shady Mountaincommunity has embraced individual social responsibility through adopting a framework of rules similar to an HOA. The communities abide by mandated and implied contractual agreements affordingleadership platforms, enabling individualistic ethics, and establishing a sense of community responsibilities...
Words: 968 - Pages: 4
...it formed part of the contract. An exclusion clause can be incorporated in the contract by signature, by notice, or by a course of dealing. 1. SIGNED DOCUMENTS If the plaintiff signs a document having contractual effect containing an exclusion clause, it will automatically form part of the contract, and he is bound by its terms. This is so even if he has not read the document and regardless of whether he understands it or not. See: Struggling with your Law studies? We can help! Have a look at our huge range of products and services that may be useful when planning your next law assignment or essay. Law Essay Writing Service Essay Marking Service Our Guarantees Our quality promise Freelance Writing Jobs Place an Order L'Estrange v Graucob [1934] 2 KB 394. However, even a signed document can be rendered wholly or partly ineffective if the other party has made a misrepresentation as to its effect. See: Curtis v Chemical Cleaning Co [1951] 1 KB 805. 2. UNSIGNED DOCUMENTS The exclusion clause may be contained in an unsigned document such as a ticket or a notice. In such a case, reasonable and sufficient notice of the existence of the exclusion clause should be given. For this requirement to be satisfied: (i) The clause must be contained in a contractual document, ie...
Words: 2419 - Pages: 10
...Business Agreement Task 1 P1: Explain different types of business agreements and the importance of key elements required for the formation of a valid contract. Business Agreement Business Agreement is the mutual understanding or assent of two or more than two legally competent parties. It is done or agreed upon on the relative duties and rights regarding current or future performance. An agreement typicallydocumentsthe give-and-take of anegotiated settlementand a contract specifies the minimum acceptablestandardofperformance. Types of Business Agreement There are various types of business agreements depending upon the nature, type and operations / activities of the business. These types can be categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have...
Words: 2787 - Pages: 12
...enforceable. But formal deeds are the exception because of the formality of the document itself. Second, consideration can be present (executed) or future (executor), but past consideration is not acceptable. If any services were made before the promise, it will not be consider as a consideration. Third, consideration must come from the promise, but need not move to the promisor. It can be move to a third party who is nominated by the promisor. Fourth, consideration needs not to be adequate or commercially realistic. Therefore, if the consideration of a contract is only nominal and doesn’t have the true value of the subject matter, it will still be enforced by the law. Fifth, consideration must not be so vague as to be illusory and lastly consideration must be sufficient in the eye of law. The purpose of writing this essay is to show that consideration needs only to be sufficient, not adequate and to consider whether there is sufficient consideration in situations where there is a pre-existing legal or...
Words: 1446 - Pages: 6
...Fraud Order - 352152 This essay/coursework/dissertation was stolen from UK Essays, call 0115 966 7955 to speak to a Fraud Officer now for more details. We have made it available for use as a study resource. International Trade Law 1. The selection of an alternative dispute resolution mechanism is particularly pertinent in international trade cases because the parties are, by definition, domiciled in different nation states (Chuah, 2009). Since an agreement must therefore be reached on choice of law issues, it is common for parties to consider stepping outside standard litigation processes altogether and instead stipulating for arbitration to take place (Neipert, 2002). Arbitration offers several advantages over litigation. Typically, it is less expensive than litigation, since fewer legal professionals are required. It is also perceived to lead to a speedier resolution of disputes due to decreased formality, the removal of the need to schedule around the timetable of the formal court system, and, typically, the absence of a right of appeal (Schmitthoff, 2007). Arbitration allows the parties to control a number of variables in the dispute resolution process through prior agreement (Mustill & Boyd, 2008). These include the choice of an arbitrator with specialist knowledge of the relevant area, the scope of the arbitration, the location of arbitration and the choice of law. In addition, arbitration is a private rather than public procedure and therefore will not be subject...
Words: 3854 - Pages: 16
...Business Torts Issue Spotter Essay Emmy V. MedK Corp. MedK Corp. faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from third party. Tortious Interference is that someone intentionally persuades another to break a contract already in existence. Here, MedK Corp. may be liable for Contractual Interference/Tortious Interference with Contractual Relations if sued by Emmy. Med K signed a contract under which Emmy’s company was to provide exclusive device delivery and in-home instruction through doctors to MedK Clients. The only two people who knew about the contract with MedK was Emmy and Rita. After Emmy starts seeing decrease in sales from MedK, Darrell, the CEO, admitted to Emmy, that Rita had been soliciting MedK and had been encouraging Darrell to slowly phase out the volume of referrals to Emmy’s company and transfer them to Rita’s new company. Darrell said that he would pay Emmy what she was owned, but would not honor the contract in full. Therefore, MedK is likely liable for Contractual Interference/Tortious Interference with Contractual Relations. Emmy V. Rita Rita faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from...
Words: 1232 - Pages: 5
...Free Dictionary legal-dictionary.thefreedictionary.com/Element... Traducerea acestei pagini The courts must enforce a valid contract as it is made, unless there are grounds ... No legal benefit or detriment to any party was required, as the seal was a symbol ... consideration (see discussion below) for the promise made by the other. ... Ratification of a contract entails the same elements as formation of a new contract. main elements constituting a vaild contract - UK Essays www.ukessays.com › Essays › Law Traducerea acestei pagini For a valid contract, the basic elements that need to exist are: .... Legality, even where all the requirements of a valid contract discussed above the present, ... Contract - Wikipedia, the free encyclopedia en.wikipedia.org/wiki/Contract Traducerea acestei pagini Contract formation ... The elements of a contract are "offer" and "acceptance" by "competent ... In common law jurisdictions such as the United Kingdom and the United .... If the contract is not required by law to be written, an oral contract is valid and .... There can be four different ways in which contracts can be set aside. Essentials of a Valid Contract? - Ask.com www.ask.com › Q&A › Society › Other Traducerea acestei pagini One of the most essential requirement of a valid contract. ... Formation of a valid contract requires...
Words: 563 - Pages: 3
...Subject Discipline/Course Number: Business Law BSAD C131-50 CRN: 50074 [->0] Instructor’s Name: Anthony (Tony) Damiano Class Day/Time/Class Room: On-line Contact: [->1] or (760) 371-0633 (AT&T Cellular Service) After Hours: Monday-Tuesday-Wednesday-Thursday-Friday-Saturday 4:30 PM to 9:30 PM (All times are Pacific Standard) General Course Information: It is every student’s responsibility to ensure proper enrollment or withdrawal from this class. You are responsible for your administrative issues. I am responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course...
Words: 2455 - Pages: 10
...------------------------------------------------- Team 129R 5th National Law School International Arbitration Moot Court Competition, 2012 ------------------------------------------------- ------------------------------------------------- In the matter of an Arbitration at, Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause. 2 2....
Words: 14275 - Pages: 58
...and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability law has become a very effective tool for consumer protection. However an injured consumer would still have to prove that a defected product in fact directly caused their injury. Does tort law make it easier to deal with product liability cases over contractual law? Or does tort make it more complex to solve this type of case? The History of Product Liability The law of product...
Words: 1856 - Pages: 8
...believe that marriage (or matrimony) has always been a formalized relationship between a man and a woman, recognized by law and society, by which they become husband and wife. There are several competing definitions of marriage. To start with, Webster’s New Explorer Desk Encyclopedia defines marriage as “a legally and socially sanctioned union, usually between a man and a woman, that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners and accords status to their offspring (if any).” Merriam- Webster dictionary has a little different meaning of marriage in the second statement. It defines marriage as “(1) the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law; (2) the state of being united to a person of the same sex in a relationship like that of a traditional marriage.” A gender-neutral meaning of marriage from the book of Haviland, Prins, McBride, & Walrath (2001) entitled Cultural Anthropology: The Human Challenge states that “A non-ethnocentric definition of marriage is a culturally sanctioned union between two or more people that establishes certain rights and obligations between the people, between them and their children, and between them and their in-laws.” The word marriage has evolved over time by law and soon became more accepted today in our society as couples spent more years of living together rather than going through...
Words: 1011 - Pages: 5
