Contrast Liability in Tort with Contractual Liability - Free Essay Example

Sample details Pages: 5 Words: 1495 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Tort Essay Did you like this example? Contrast liability in tort with contractual liability A contractual liability means that all persons involved in the contract have the contractual duties to complete all conditions in the contract, while liability in tort means that a party causes damages to another party and is liable to remedy to that party no matter it is intentional or unintentional, but the plaintiff must show evidence on how the defendant harms to him. The liability in tort, unlike contractual liability, need not to have any contracts formed. In business contracts, although the seller has completed all conditions in the sales contract, if the buyer founds any damage which is proved to be caused by the seller, damages can be proved from the buyer and he may seek for remedies from the seller through the law of tort. Don’t waste time! Our writers will create an original "Contrast Liability in Tort with Contractual Liability" essay for you Create order Explain the nature of liability in negligence Negligence is defined as an unintentional tort which a case is caused by unpredictable accident. Unintentional tort is a wrong that a person does not know its consequences, acted carelessly towards another and caused damages or injuries to another (ADBM Lecture Notes, 2015:6). An accident is far beyond control by the defendant can cause negligence unlike intentional tort which was found that a foreseen consequence is raised by the defendant but he still continues that fault. Negligence is found on someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty of care. As everyone in the world has been imposed a duty of care to another base on their identities in the situation, which they have a liability towards another no matter they have a contractual relationship or not. Duty of care can be determined by the 3 factors, which are whether the damages are foreseeable, whether there is a close and direct relationship between the plaintiff and the defendant, and whether it is reasonable to impose that duty of care towards them (ADBM lecture notes, 2015:20). For example, a shopkeeper should ensure all customers entering their shop are safe and comfortable; a security should ensure the safety of their places which should be prevented any thieves and people who creates disturbance. The plaintiff must present evidence on breach of duty that the defendant has a duty of care to him. Negligence can also be proved by à ¢Ã¢â€š ¬Ã…“reasonable man testà ¢Ã¢â€š ¬Ã‚  which a reasonable person who is mentally fit and be rational to act differently against the defendant in the same situation (ADBM Lecture Notes, 2015, 17). Explain how a business, like TOY-S-A can be vicariously liable Vicarious liability in business can be established between employer and employee. If an employee has done negligence to his customer, the employer and the related party may also be sued although the employer did not cause this accident. But to prove whether TO Y-S-A is vicariously liable, we must understand the duty of care towards this company. As a toy shop, the basic duty of care of TOY-S-A must ensure all their products and the products selling in their company are safe and follow all legal regulations. In this case the toy did not indicate the age group of the toy and provide sufficient information in languages in the instructions, which the chemistry set company should be found guilty against the à ¢Ã¢â€š ¬Ã…“Toys and Childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Product Safety Ordinanceà ¢Ã¢â€š ¬Ã‚ . As a result based on the vicarious liability, since this product is sold from TOY-S-A, TOY-S-A should be vicariously liable to Mrs Ho. The second duty of care of TOY-S-A is to ensure her employees are well trained for the sales of goods. In this case, Samson is an employee of TOY-S-A and did misrepresentation to Mrs Ho. TOY-S-A should be liable to this employee base on the vicarious liability on employers and employees relationship. Apply elements of tort of negligence and defences in different business scenarios. In this case, Mrs Ho may sue damages from Samson, TOY-S-A company, Chemistry Set Company and the chemistry set company Research and Development director. Elements of negligence include duty of care, breach of duty, proximate cause and actual harm (ADBM lecture notes, 2015:10). In breach of duty, Samson did not explain to Mrs Ho how to use this chemistry set properly as a salesman and did not explain the potential danger of this product, instead he tried to persuade Mrs Ho to buy by over exaggerating the benefits of this chemistry set, which breaches the duty of care for being a salesman as the duty of care of a salesman is to present all information needed to be considered before purchasing or using the product. TOY-S-A breaches the duty of care of monitoring her employee to sale this product correctly, and ensures all the products sold in this toy shop are legally present all instructions, incl uding instructions in different languages and the age group suitable for playing this chemistry set. Based on strict liability, Samsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s fault renders TOY-S-A liable to the torts of her employee. Chemistry Set Company breaches the duty of care of presenting sufficient information for Mrs Ho before and after purchase since there are no indication of age group suitable and no Chinese instructions for consumers in Hong Kong, they also not ensured the chemistry set are safe to use since Aron was severely burnt after removing the lid. These negligence are against the criminal law of the à ¢Ã¢â€š ¬Ã…“Toys and Childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Product Safety Ordinanceà ¢Ã¢â€š ¬Ã‚  as well. Base on strict liability, the chemistry set company is strictly liable to her products. The chemistry set company RD director breaches the duty of care of ensuring all persons using this chemistry set are safe. We can see there is negligence during the RD development of this chemist ry set since the chemicals inside this set causes severe burnt to Aron. The RD process did not ensure these chemicals are safe for every person. In proximate cause, Aron would not be severely burnt if the sales did not misrepresent this chemistry set to Mrs Ho and present all information needed to be considered before purchasing and using this chemistry set by understanding this chemistry set; if TOY-S-A founds the problem of misrepresenting information of this chemistry set and provide sufficient trainings to her salesman to provide sufficient information to their products; if the Chemistry set company has label the indication of suitable age group and provide sufficient information, include translating the instruction manuals in different languages, and provide all information needed to be aware of and considered to the TOY-S-A company and her salesman; and if the RD develops a safe product by involving chemicals which are constantly safe to use by the children. Bas ed on the unreasonable conducts from the above defendants, although some of the conducts of the defendants may not be illegal, they resulted harm to Aron who was severely burnt by the product and cause harm to him. The actual harm is obviously can be seen by Aron that he was severely burnt after opening the lid of the chemistry set, and lived in the hospital for two weeks. For defences, if the situation is changed that the chemistry company has label the indication of age groups suitable for and provide different translation to the instructions manual, and providing sufficient information to the TOY-S-A company and her salesman for consideration before using this product, the defendant may defend themselves for à ¢Ã¢â€š ¬Ã…“When plaintiff is the wrongdoerà ¢Ã¢â€š ¬Ã‚  (ADBM lecture notes, 2015:12). Base on the defences of plaintiff is the wrongdoer, the plaintiff is liable to a part of the wrongful doing to the procedures before using this chemistry set, which includes re ading the instructions manual carefully and avoid this chemistry set from Aron because of the duty of care as a mother to her children. This is resulted in à ¢Ã¢â€š ¬Ã…“Contributory Negligenceà ¢Ã¢â€š ¬Ã‚  which the plaintiff behaviour contributes this damage (ADBM lecture notes, 2015:18). Apply the elements of vicarious liability liker the situation of TOY-S-A. Although TOY-S-A and the RD director of the chemistry set company is not directly liable to the cause of this accident, they have a vicarious liability to it. For TOY-S-A, although they may have provided enough trainings to her salesman on how to introduce their products correctly to the customers, Samson, the TOY-S-A employee is working for this company while selling this chemistry product. According to the Ming An Insurance v Ritz Carlton, the court hold that the employee will be considered as in the course of employment when the tortious act of this employee was closely connected to his employment base on a à ¢Ã¢â€š ¬Ã…“Close Connection Testà ¢Ã¢â€š ¬Ã‚ (ADBM lecture notes, 2015:11). As a result the TOY-S-A is liable for the vicarious liability towards the fault of Samson. Also, the manufacturer of this chemistry set may also be sued based on the vicarious liability. Although the manufacturer proves that they follow the manufacturing procedures from the RD department of the chemistry set company, based on vicarious liability, the manufacturer is liable to the product she makes. Reference: ADBM Lecture Notes, Section 4.2, Negligence and Strict Liability, February 2015. ADBM Lecture Notes, Lecture 6, Law of Tort, February 2015. 1

Makeup Is The Most Popular Eye Makeup - 1130 Words

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Describe the characteristics valued Free Essays

Even today security Is a big Issue to us and still likely to continue this way, but progresses are happening all the time. Employers will assume that you would know about these important areas. But they wont always expect you to know everything, but it is important that you have some knowledge about the main issues. We will write a custom essay sample on Describe the characteristics valued or any similar topic only for you Order Now If you are interested in a certain area, you will need to do as much research as you can! Also you will need to develop your skills and knowledge in that certain area. Working procedures It’s very good to have some knowledge of typical practices In the IT Industry. This Is cause of the legislation that Is Included In IT at the moment. Things Like data protection and copyright laws are a part of this. Employers have to make sure they are not breaking any laws, this means they will need their employees to always be aware of what they are doing and the responsibilities they have in these areas. Health and safety knowledge Employers will expect you to have some knowledge In the health and safety area. This Is essential as the employers will expect you to be aware of the risks and the responsibilities you have. For example you might get eye strain from looking at the imputer screen for a long time. How to stop this from happening is to adjust the monitor at eye level and put it somewhere so there is no reflections coming of the monitor. General Skills Interpersonal Skills In your job, it is most likely that you will be communicating and working with other people. So this will mean that you will need to have good communication skills. This is what most employers look for. Both IT professionals and IT users may be limited to their knowledge of technical areas in IT. Numeric Skills What kind of job role you have will depend on the level of numeric skills you need. These days, nearly every Job role requires basic innumeracy skills. You will need to be able to carry out day to day mathematical calculations like working out percentages and basic sums. Other areas of IT like programming will require a higher form of mathematical ability. Creativity The type of job you do will depend on how creative you are. For example the employees that work in web design and desktop publishing will be known to be creative in that area as they can come up with lots of unique Ideas to make the web For example you can Just be creative by coming up with ideas for new products or even improving old products or services. Organization skills It is very helpful if you are an organized person. This is because you will need to be able to do work tasks efficiently. For example the Job that you have been set to do will mean that you need to have the right equipment and information for the Job. This could be going from having something to write with and remembering client’s names or businesses that you might have to visit. Also to look professional it’s very good to be organized. Most employers don’t like it if you come in and say ‘l forgot it’ or ‘l left it t home’ as its very UN-organized and makes you look unprofessional. Attitudes preferred Determined Your Job can sometimes become very hard and might stress you out a lot but there is always a way to overcome this problem and that is to be determined. A lot of employees who tend to give up easily on work will never impress their employers because it shows them being very UN-professional. But the other employees who have determination to get things done and who want to succeed will look much more professional and will impress their employers. Independent The first Job you have in IT probably will be with other people instead of you being by yourself. But this doesn’t mean you can’t be independent. Your employer will be expected for you to develop your own ability to work by yourself and to use your own initiative than waiting for other people to give you instructions on what to do. Integrity Your employer will want someone who they can trust. So being honest to everyone and not going making up things is important. Your employer will also expect you to work as you normally would if not better for when your supervisor isn’t there. Also there could be expensive equipment which means you have to make sure you look after it. Leadership Throughout your Job role and the time you have worked in the business, your employer will always look out for any leadership skills you have in you. For example if you have good leadership skills then you can work well with others and help to inspire and encourage them to get on with work and push through it, or even help them! Good leaders are good when it comes down to organizing and planning things and are not afraid to take control of it all. How to cite Describe the characteristics valued, Papers

Paper Essay Summary Example For Students

Paper Essay Summary Lets go smoke some weed man now when that question gets asked to you, you might have to say no. Why is that? You think of the consequences that could come to you if you do it and get caught. As of now pot is illegal and most parents dont accept there kid smoking weed. So in this paper I will tell you why pot should be legal. I will also give some things that have been said negative and I will disprove them. I will also discuss about hemp, what marijuana is and where it comes from. Also as you are reading this I will use two other names for marijuana these are pot and weed.If you smoke pot you will get high. Pot can do other things for you other then just get you high, you can benefit from marijuana . Pot comes from an all natural plant. Using marijuana and the growing of hemp (ingredient in marijuana making) are illegal in the US. Pot can be used for just the enjoyment of being high and feeling very relaxed. It also can be used as medicine which is legal and other things which I will discuss later. As for hemp it can be used for things like necklaces which you all have seen most likely. Hemp is sold all over the world. It is sold so often because of the things you can make with it. So why is weed illegal in the US. People just use it to feel more relaxed and in a calmer state of mind. Tobacco and alcohol are both used for the same reasons, but with many more negative side effects than pot. Tobacco and alcohol can create cancer and other things to harm you body. In many people alcohol brings out the worst of them. This usually happens when someone becomes an alcoholic. Many people become violent when they hit this point. In Maxim it said that more then seventy million Americans have smoked marijuana at some point in their lives. If you think about that statistic it isnt hard to believe. At least for me because most people I know have at least tried it and that also includes older people like adults. Pot really has no true affects that will really harm you. I have never heard of any deaths caused by pot. Have you ever heard on the news that man died from an overdose of marijuana? I know I havent. Now think of how many deaths come from tobacco and alcohol about a half million. That is only deaths that doesnt say how many people have lip cancer and things that arent going to kill them. People say marijuana is addicting, but marijuana is not an addicting drug. People who smoke marijuana feel relaxed, and also laugh more then usual. I dont know why you laugh more but it is true. When using marijuana you do get less coordinated and dont perform many things as well as when not high. As long as people dont drive there is nothing to worry about now I know there isnt a really positive aspect of this, but were is the negative point. They could also make a law like how we have now you can not drive under the influence of alcohol, you could have it say you cant drive under the influence of weed. I know they could make some little tool that could detect weed on you. It should be up to people if they want to get high. We live somewhere where people have many rights and much freedom. So why are they trying to not let you get high. Whats wrong if someone w ants to smoke in their spare time. That doesnt hurt anyone. It isnt going to be harmful to the world if people get high and are relaxed. I think there will be many less fights and things like that. Marijuana is now legal for medical purposes in some states. So that means if you have a disease or illness that they think can be helped by pot they will give it to you. People with really bad headaches and other things that seem like calming down and relaxing will help can now legally use marijuana. If someone is really upsetmarijuana could help him or her by making them relaxed and happy so they dont worry about what there upset about anymore. Marijuana could be used for depression and other things like that. Cancer and AIDS studies have also have put marijuana as a treatment. It has been shown that AIDS patients receive benefits from smoking marijuana. As of now they have noticed pot helping you in treating pain, nausea, and help you if you have AIDS. Its proven that pot doesnt cut you r immune system more or anything else that would make you move from HIV to the Aids virus faster. Also if you have the Aids virus it doesnt make you go through the stages faster. Which means it has no real side affect or very harmful negative to it. In general pot does have few little negatives and one of those negative is that it doesnt become physically addicting but it may become addicting in you mind. So rather then needing it you depend on the drug to get through your basic life. If someone were to smoke marijuana frequently they might feel the need to be high before they do anything, you become accustom to doing things while being high that if your not it doesnt feel right. These things are things you should be in the right state of mind for, like school, or your job, or even I know of people that had to do it before athletic events. You also do this because you are less worried about failure and other things while you are high. These are the same things that happen with peopl e who frequently use alcohol or addicted to alcohol or tobacco. So as long as people dont abuse pot, there really is no reason to keep it illegal. There is no way to guarantee that people wont abuse pot though. You would have to just figure they would not. You also have to think that it is just as easy to get right now as it would be if it were in a Giant Eagle. So if someone were going to abuse pot they could do it either way. Just if it was legal they wouldnt get in trouble finally and since it is illegal they can get in trouble. This trouble is usually just a fine and really doesnt stop anyone from doing anything. If your just going to make people pay fines for doing it why not just make it legal and make more money off of it by selling it. .u70ca466e4628b2703844e9cd61df9612 , .u70ca466e4628b2703844e9cd61df9612 .postImageUrl , .u70ca466e4628b2703844e9cd61df9612 .centered-text-area { min-height: 80px; position: relative; } .u70ca466e4628b2703844e9cd61df9612 , .u70ca466e4628b2703844e9cd61df9612:hover , .u70ca466e4628b2703844e9cd61df9612:visited , .u70ca466e4628b2703844e9cd61df9612:active { border:0!important; } .u70ca466e4628b2703844e9cd61df9612 .clearfix:after { content: ""; display: table; clear: both; } .u70ca466e4628b2703844e9cd61df9612 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u70ca466e4628b2703844e9cd61df9612:active , .u70ca466e4628b2703844e9cd61df9612:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u70ca466e4628b2703844e9cd61df9612 .centered-text-area { width: 100%; position: relative ; } .u70ca466e4628b2703844e9cd61df9612 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u70ca466e4628b2703844e9cd61df9612 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u70ca466e4628b2703844e9cd61df9612 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u70ca466e4628b2703844e9cd61df9612:hover .ctaButton { background-color: #34495E!important; } .u70ca466e4628b2703844e9cd61df9612 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u70ca466e4628b2703844e9cd61df9612 .u70ca466e4628b2703844e9cd61df9612-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u70ca466e4628b2703844e9cd61df9612:after { content: ""; display: block; clear: both; } READ: Can We Say no To Recycling EssayAnother problem is that people start with pot then they decide they want something different something with the new edge and move onto heavier drugs. There is always a drug that is new that everyone needs to try they say. Like right now the most popular drug other then marijuana is ecstasy. We all know that pot has a much less affect in the short and long term then Ecstasy. Marijuana the gateway drug. After you use pot for a long time, you feel like you need a change something different. There is no specific drug everyone goes to after pot. This will usually depend on what is there for you to get and if you got the money to pay for it. Also what is the hot drug at the time. Someone in a poorer area would most likely move on to heroin ,because it is a cheaper way to go but is a much stronger drug but not the strongest.If you are from a wealthier area you would usually move to a hallucinogen such as LSD. Hallucinogens are usually more money due to the effect it gives you when you take it. The last negative aspect of making it legal is that many people claim there will be an increased amount of use. That is simply wrong in my opinion. I think if something is legal it will become less used. I feel this way because you wont think about it as much and it wont be offered to you as much. I know if I am at a party or just out I usually have people come up to me and ask if I want to by any weed. I do think it might make more people try it because they wont worry about getting in trouble. I also think though that there isnt a big thing if someone trys it at least there trying it on there own free will and not being pressured. I also think that right now people use a drug like pot to rebel against there parents. Now I dont think that it would be rebellion if it were legal. If that were so people would rebel against there parents by chewing come or eating a hamburger. So in conclusion why do we have this drug still being illegal. Pot has many positive effects which I discussed during this paper. Think of the things that would be better if pot was just legal and sold over the counter. Think how much cigarettes get sold I think pot would be sold twice as much and for more money. We should help are selves and let the kids get high and have are cops stop harassing these people, and find something that is hurting someone. People arent getting hurt from smoking some natural green weed. So everyone fight for your right to get high and have a good time. Words/ Pages : 1,742 / 24