The test of negligence is what a person of ordinary prudence or a reasonable person would or would not do in the same or similar circumstances. Negligence that renders one liable to another who is injured thereby is the doing of some act or thing that it is his or her duty to refrain from doing or in failing to do some act or thing that it is such
Introduction Kirchner v. Shooters on the Water is a case that involves the death of an intoxicated minor who attended a party and a bar the same evening he passed away. Paul Kirchner the father of the decedent brings a suite claiming the wrongful death of his son can be directly linked to the parties who facilitated his consumption of alcohol. Throughout this case the reader will be given the opportunity to examine various statutes that help determine liability in the state of Ohio. Since this is a case that is being appealed by the administrator (Paul Kirchner) it is necessary to understand that the defendants presented enough evidence to receive a summary judgment by the trial court in the initial trial. Facts This particular case is one that revolves around the concept of wrongful death and liability.
Administration of Justice Name: Period: 7-9 Date: 1/11/12 Title: Man Gets DUI in S.C. McDonald's Drive-Thru Paper: Officer.com Date of Paper: 12/15/11 Author: Nicole Smith Summary: This article is about a man who was accused of a DUI in a McDonald’s drive thru in South Carolina. While he was in the drive thru, he hit a car over by Cherry Road near Winthrop University. The man was clearly under the influence and had a strong alcohol smell. He lost his balance several time and was slurring his words. The man used the Breathalyzer and was a 0.21.
When an employer is willing to fire an employee, he should make a report with basic information on the causes of the dismissal accordingly to the employee’s performance. In conclusion, I personally think that depending on the case we are dealing with, either one would be fair and just, but I strongly support that any dismissal has to have a strong reason for it to occur, can be professional or even personal, but a main reason and not just the will of a person. 2º a) Brief for Iron Dynamics Inc v. Alstom Power.  Plaintiff Iron Dynamics Inc. (IDI) brings this suit as a result of its purchase of certain industrial equipment from Defendant Alstom Power Inc. (Alstom)  IDI claims that Alstom breached the purchase agreement for the equipment and breached certain express and implied warranties arising therein.  Alstom expressly disclaimed these implied warranties and excluded consequential and incidental damages in the purchase agreement.
In the first situation the challenge is whether the employer should follow the contract that was agreed upon with the National Labor Relations Board or not. One point of view is that the employer should follow the contract that was agreed upon. The agreement stated that the employer was going to reinstate and pay a certain amount of back pay to each illegally discharged person. By law once a contract is made and agreed upon, both parties are liable for following through with their part of the contract. Secondly, if the employer does follow through on his part of the agreement he can be charged with breach of contract.
A Drunken Ride, a Tragic Aftermath is a article by Theresa Conroy and Christine M. Johnson. In the article, a boy makes the decision to drive drunken with four other friends in his vehicle. As the night progress he ends up in a collision and many people loose their lives. In the crash there were many factors that caused the accident. For example, the number of people in five seated car, the amount of alcohol consumed, party that students attended before the accident, and the students actions in the car.
Where an employee finds that is not complied with the employer is liable. They also exist to ensure a more cost efficient and safer environment. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights Source of such information could be: line manager, human resource department and access to work. Internal source could be: staff hand books, anything regarding age discrimination, dismissing employees paternity leave and pay we could use ACAS. 2.1 Describe the terms and conditions of own contract of employment My contract of employment covers job locations as to where I am based in my employment.
3. (1993): pp 333. http://proquest.umi.com.myaccess.library.utoronto.ca/pqdweb?index=4&did=450202821&SrchMode=1&sid=1&Fmt=3& VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1173996380&clientId=12520&cfc=1 Cairns, Alan. “Citizens (Outsiders) and Governments (Insiders) in Constitution Making: The Case of Meech Lake.” Canadian Public Policy. Vol. 14.
Canadian Legal System * Preparation – chapter 1: Knowledge of law as a business asset knowledge of the law is a business asset that can assist owners and managers in reaching their goals and objectives. This is because business law: defines general rules of commerce protects business ideas and more tangible forms of property provides mechanisms that permit businesspeople to select their desired degree of participation and exposure to risk in business ventures seeks to ensure that losses are borne by those who are responsible for them facilitates planning by ensuring compliance with commitments law is a set of rules and principles intended to guide conduct in society, primarily by protecting persons and their property, facilitating personal
It is the duty of the employer to ensure that details furnished by prospective employees are in line with what the law stipulates. Mark, as human resource manager, hires and fires employees at the firm. He is therefore responsible for investing the legality and honesty of documents