The principle, Butler, is not liable for torts caused by the third party/independent contractor. The respondent superior does not apply to this case since Sandidge is an independent contractor. Because Butler did not have any control on how Sandidge performed their work, there is no ground for Pugh’s to sue for wrongful death. In fact, Sandidge should be held liable for not meeting safety standards since Mr. Pugh was technically employed by Sandige. “For a general contractor to be liable for its independent contractor's acts, it must have the right to control the means, methods, or details of the independent contractor's work.
The recipient of a negotiable instrument becomes a holder regardless of the form of the transfer. _T_ 15. A blank endorsement specifies no particular indorse. _F_ 16. A payee whose name is misspelled on an instrument cannot indorse the instrument.
Assignment 1: Employment –At – Will Doctrine 1 According to the Employment – At – Will Doctrine rule, it is legal for a company to dismiss an employee without a cause; which means a hiring manager can legally let an employee go for just cause reasons. However, there are some exceptions to the rule, a company cannot dismiss employment based on race, gender, color, or religion, employees cannot be fired for reporting violations of workplace safety nor can an employer fire an employee for exercising the right to file a workman’s compensation or a sexual harassment claim. Bases on the given scenario, I think the company should exercise their legal rights and dismiss the employment of Jennifer, the employee. After the company has given this employee an extensive amount of training, to prepare her for the employment duties, for which she was hired; Jennifer is still unable to perform her job duties. Even though, there is an Employment – At – Will law in place, this company does not have to utilize it for this scenario, since the employee cannot perform the duties to which she was hired to do, especially after the company has taken time and money to train her and to equip her which knowledge and skills to perform the required job duties.
The junior accountant interpreted the lease as an operating lease based on the fact that the equipment reverts to the lessor at the end of the lease. However, in this case, all risks and rewards of ownership are substantially transferred to the lessee. 2. IAS 17-paragraph 10 states that classifying a finance lease depends on the substance of the transaction rather than the form of the contract by meeting individually or in combination situations (a) through (e). Of these situations, two have been met: (c) the lease term is for the major part of the economic life of the asset even if title is not transferred and (d) at the lease inception, the present value of the minimum lease payments amount to at least substantially all of the fair value of the leased asset.
What this essentially means is an established union cannot require employees’ to obtain membership, pay union dues or fees as a condition for employment (Bennett-Alexander & Hartman, 2007). Furthermore, this law states a union cannot refuse to pay the costs of arbitrating a grievance because the employees are not members. In effect, refusal to represent the employees violates the duty of fair representation, which means the employees can choose to sue the union. The common misconception is employees think the right-to-work law protects them from termination by the employer for any reason or no reason at all. In effect, the right-to-work law has absolutely nothing to do with employment-at-will, which gives the employer the option to fire without cause, that is, as long as they did not infringe on any rights for states that have exceptions to this
C). Despite the term that a past consideration is not consideration at all, a past act can be defined as a consideration if two conditions are met. (1), the act performed is requested by the other party. (2), consideration of both parties at all time must have been that there would be a payment made. The case of Lampleigh v Brathwaite (1615) is a good example where the claimant sued for breach of contract.
Baker was also unable to prove a loss in sales during the time Natalie Attired was employed. The only information Baker was able to provide was the request of two patrons to move out of Attired’s section as they were offended by her tattoos. Issue/Question Presented: Is Natalie Attired’s refusal to remove her tattoo as instructed by her employer considered misconduct as defined by New Mexico Statute § 51-1-7? Brief Answer: No. Attired’s refusal to remove her tattoo does not constitute
Legal Issues: Whether or not there is a medical necessity exception to the federal Controlled Substances Act regarding marijuana use. Holding: There is no medical necessity exception to the federal Controlled Substances Act's prohibitions on manufacturing and distributing marijuana. The judgment of the Court of Appeals is reversed and the case is remanded for further proceedings consistent with this opinion. Ratio-decidendi: The Controlled Substances Act classifies marijuana as a schedule 1 controlled substance, providing only one express exception to the prohibitions on manufacturing and distributing the drug: Government approved research projects. Such researches were never published.
Broom and Miller’s appeal was not able establish how these laws obligates to their discharge case. Broom and Miller’s intention was right but they failed to use “the proper chain of command in raising an issue about another employee”. They are nonunion employees, which means they have no support from any union. Answer 2: If Broom and Miller had been members of the a bargaining unit represented by union for the purpose of collective bargaining, this case would have been handled differently. Broom and Miller lacked the evidence in the three salutary laws, which they presented.
All Errors and Omissions are accepted.” Implied Terms - The term implied is used in contrast with express, where the intention regarding the subject matter is explicitly and directly indicated. When something is implied, its meaning is derived from the words or actions of the individuals involved. By status: Terms are implied into a contract by legislation. The best example is in the Sale of Goods act 1979 which is implied by statute into contracts for the Sales of Goods. In every contract for the Sales of Goods there will be the following terms implied, the person selling the goods has to have the legal right to sell them.