Negligence at the Workplace - 3583 Words

1. a. b. c. d. 2. a. b. c. d. 3. a. b. c. d. 4. a. b. c. d. 5. a. b. c. d. Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the injury only if Mark did not intend to break Don’s arm. only if Mark had a bad motive for pushing Don. only if Mark intended to break Don’s arm. if Mark intended to push Don. Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of future harm. immediate harm. past harm past, present, or future harm. Alan writes Beth a private letter falsely accusing her of stealing office supplies from their employer, Consolidated Industries, Inc. This is†¦show more content†¦a. Express contracts Implied contracts Quasi contracts Unilateral contracts 19. If an ad to sell a single item gets more than one acceptance, the offeror must sell the item to each party who accepted or be liable for breach of contract. 20. An auction with reserve is one in which the seller cannot withdraw the goods at any time before the auctioneer closes the sale. 21. If an acceptance materially changes an offer, the acceptance may be held to implicitly reject the offer. 22. Janet tries to start her car with no success. She yells in desperation that she would sell the car to anyone for $100. Bill, a passerby, hands Janet $100. Bill’s act constitutes a valid acceptance. constitutes a valid acceptance only if Janet and Bill already know each other. does not constitute a valid acceptance, because $100 is not be a fair price for the car. does not constitute a valid acceptance, because Janet does not seriously intend to sell the car. a. b. c. d. 23. a. b. c. d. Sam announces that he plans to sell his business at a price below its market value. Tina gives Sam a check for the stated amount. Sam is bound to sell his business to Tina. may refuse to accept the check, because he only expressed an intent to do something in the future. may refuse to accept the check, because he only expressed an opinion as to the worth of the business. may refuse to accept the check, because heShow MoreRelatedThe Legal Issue Surrounding The Plaintiffs’ Janvier Et1310 Words   |  6 Pageslegal issue surrounding the plaintiffs’ Janvier et al. deals with negligence in the workplace resulting in harm. Negligence is a form of tort law. The purpose of tort law is to compensate victims. Typically in order to claim negligence, the plaintiff must prove four things: duty of care, standard of care, that the plaintiff suffered injury or damage, and the defendants conduct caused injury to the plaintiff. Despite this claim of negligence, according to WCB legislat ion, the lawsuit filed by these plaintiffsRead MoreThe Tort Of Negligence Case1242 Words   |  5 Pagestime of the accident. The civil negligence case was trialled in the District Court of New South Wales before Levy SC DCJ on 28/29 May 2013 and the decision was made 25 June 2013. The plaintiff successfully established his entitlement to judgement and verdict The plaintiff succeeded in establishing his entitlement to a verdict and judgment in his favour without discount for alleged contributory negligence, awarded a total of $148,343 for damages. The tort of negligence establishes an individuals rightRead MoreAnalysis Of The Health Care Industry1088 Words   |  5 Pagesprocedures are intended to be carried out quickly and decisively in order to ensure and maintain the safest possible working environment and to expose and halt any activities which cause risk. OSHA established in 1970, monitor safety workers and the workplace. It is divided into ten divisions which provide on-site inspections to individual areas of the workforce. This administration regulates the health care industry through division H, subsection of insurance regulations, and division I, subsection ofRead MoreJacobsen vs Nike1473 Words   |  6 PagesCanada Ltd, Mr. Jacobsen an employer of Nike Canada Ltd was seriously injured in a car accident as a result of alcohol consumption while at work. This paper will prove that the defendant (Nike Canada Ltd.) was negligent in all the four elements of â€Å"Negligence â€Å" and therefore liable for the injuries. Also it will explain for any legal defense that the employer (Nike Canada Ltd.) might be able to raise. Relevant Facts. Mr. Jacobsen was an employee of Nike Canada Ltd. The employer, through its representativeRead MoreNegligence Case, Negligence, And Causation768 Words   |  4 Pagesodds are you will base your legal claim on the theory of negligence. Whether your personal injury was the result of a car accident, a workplace mishap, or some other circumstance, you will have to prove several things for your negligence claim to be successful. Even if you are able successfully to make your negligence case, the person who you believe caused your injury may still win if he or she is able to assert a convincing defense. Negligence claims are based on three corresponding legal ideas; dutyRead MoreCivil Rights And Compensation Programs1621 Words   |  7 PagesWorker’s Compensation programs first appeared a century ago in the U.S., introduced on a voluntary basis. At a time when few employers provided insurance or benefits for workers injured on the job it provided workers with insurance regardless of negligence at the cost of forfeiting one’s right to sue. It was an elective law because it was generally held that a compulsory law would force citizens to give up their 14th Amendment rights (to due process) stipulated in the U.S. Constitution. The issueRead MoreFind Law: Australia Workplace Accidents660 Words   |  3 Pagesa safe work environment for employees. Each mandates that employers: Provide a safe workplace for employees who include facilities and work systems ensure that employees are able to safely handle equipment or substances, as well as providing a safe area to store harmful material provide the proper training, supervision, instruction and information in the performance of their roles. (Find Law: Australia Workplace Accidents: What You Should Know) It seems as though each three of these requirementsRead MoreStrength And Weakness Of The Case1524 Words   |  7 PagesQuestion 2 2.0 STRENGTH AND WEAKNESS OF THE CASE. As noted in the above section, the defendant was obliged to take reasonable care for the health and safety of its employees in the workplace. In this case, the City council as the employer to the claimant owed this absolute duty to Mrs Preston. This duty is bestowed upon the employer by the employment contract (Holt, 2010) between the claimant Mrs Preston and the defendant, Fentham Metropolitan District Council. It is evident that the defendant failedRead MoreTort of Negligence1524 Words   |  7 PagesQuestion 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the mainRead MoreSteps Of A Legal Relations1588 Words   |  7 Pagesserves as a defence against recovering damages. So in other words, when it comes to consent, the courts can award damages. (designingbuildings. (2014). 3.2 When it comes to liability in negligence in regards to law, there are normally four elements, which are Tort Negligence, Criminal Negligence, Defences against Negligence and Other Considerations. Which the claimants must provide proof on the balance probabilities. First, they must show evidence that the defendant owes the claimant as a duty of care