Employer’s Care of Duty Dwen Guydon Strayer University LEG500: Law, Ethics, and Corporate Governance Prof. Phylanice Nash, J.D. August 4, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” According to the definition given by USLegal.com, scope of employment refers to a person actively involved in an employment task at a particular time, usually an issue when an accident occurs, which is required to make a claim for work-related injury under state Worker's
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Scenario 2: Negligence and Vicarious Liability Problem Question (P3.1, P3.2, P3.3, P4.1, P4.2 and M3) Task description: Imagine that you are an In-House Lawyer (IHL) working for QuickFix. The Managing Director (MD) has asked you for written advice on whether the company has any liability in tort law towards Barbara and Clive. With this in mind please produce a report for the MD, which sets out the law relating to negligence and vicarious liability and how it applies to this scenario. Your report
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private industry employers declined in 2009 to 3.6 cases per 100 workers--its lowest level since 2003” (www.bls.gov). That is great indication that workplaces became much safer. It should be a mutual effort by employees and employers to keep workplace safe and secure. “Duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others”(en.wikipedia.org).”The duty of care may be imposed
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Contents Introduction 2 WHS Duties and Responsibilities 2 Officer 4 Duties of others 4 Purpose of the WHS Act for Manufacturing Organisation 5 Safety Practices 5 Consultation Methods 6 Risk assessment 6 WHS Training Requirements 7 Delivery Method 7 Reference List 8 The purpose of this report is to inform managers, office workers and workers about WHS responsibilities. This report examines 3 policies and procedures and consultation methods to provide relevant information
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some changes made to it due to legisla-tion. FMLA was originally designed to cover both employees and employers. Since its inception, there were some issues with it and the government and several other agencies have worked to-gether to attempt to make FMLA better and more manageable. All employers with 50 or more employees are "covered employers" under FMLA, the same is true for public employers of primary and secondary schools, regardless of the number of employees (Rosseau, 2008, 97). Does this
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Violence towards Nurses in the Health Care Sector We have all heard before of the abuse and violence that happen in nursing homes; but what we tend to hear more about is how nurses are abusing patients, those being patients that are older, disabled and coming closer to the end of their life span. Patients sometimes receive such negative abuse from nurses, this consists of physical abuse which is defined as any action with the intention to cause any physical or bodily harm to someone; for example
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Claim successful as her employers had breached the implied contractual requirement to provide safe equipment for the employee. Dugmore v Swansea NHS Trust 2003 Dugmore was a nurse who suffered from eczema and asthma for all her life. Between 1993 and 1995 she developed an allergy to latex as a result of using latex gloves in the course of her work. In 1997 she suffered an anaphylactic attack whilst lifting an empty latex glove box. Court ruled the employer had a duty of care under COSHH to ensure
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LAW 5072 FINAL EXAM STUDY GUIDE CONTRACTS Definition: A contract is a promise(s) for the breach of which the law gives a remedy, or the performance of which the law recognizes as a duty. Offer: Showing a willingness to enter into a bargain in such a way that another person would interpret that they could accept and it would conclude the negotiations. It can be words, actions, advertisements (NOT negotiations, estimates or price quotes.) Acceptance: Once an offer has been made
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library or (2) covers Federal law only for the National library, which applies to all states. The active profiles listed above show which library applies. For the National version, the federal laws set the minimum requirements for employee rights and employer obligations. However, your company may be subject to additional rules, depending on state and local laws, court decisions, or agency regulations. And, whether your company is in California or another state, if the company provides more generous terms
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would conclude that a service manger/auto mechanic would also check brakes, tires, etc., during a routine oil change. Therefore, performing these duties would fall within the ordinary course of doing his job, thus Jake’s actions are in scope of his employment. However, if Jake was at work, but not acting within the scope of his employment, his employer may be exempt from tort liability, and Jake would be unable to receive worker's compensation benefits if he is injured. Acting outside the scope
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