Understand and Apply the Principles of Liability in Negligence a Essay

Understand and Apply the Principles of Liability in Negligence a Business Context - Essay Example Understand and apply the principles of liability in negligence a business context A business at a given time is bound to be liable for some acts either it has committed or has been committed by any third party who had the ability, right or duty to control the activities of the business. Example of this relationship is that of employer and employee, or that of a parent and a child. Vicarious liability assigns liability for an injury or loss to a person who did not actually cause the injury but has a special legal relationship to the person who acted negligently (Bermingham and Brennan, 2008, p. 27). As has been noted, a business can at a given time be bound to be liable for some acts, and particularly those committed by another person who has special legal relationship with the business. So, how can a business be vicariously liable? There are different incidences in which a business can be vicariously liable. For example, the owner of a car can be held vicariously liable for negligence that was committed by his driver. In an event that a driver commits a negligent act such as exceeding speed limit and as a results causes an accident, the owner (can be a registered business) of the car may be liable for the loss suffered by the owner of the other car or for the injury suffered by the other person involved in the accident.Vicarious liability in this context is based on the assumption that the owner of the car has provided the car for a particular use, and therefore the operator of the car is acting as the agent of the owner. The same assumption is also applied in circumstances whereby the owner of the car lends a car to a friend. Another example of an incidence where a business can be vicariously liable is that which involves a bank that is performing car repossession from the registered owner because of non-payment; the bank has a duty not to cause peace breach when undertaking the repossession. If its agent do cause then it will be liable for the damages as noted in the case of MBank El Paso v. Sanchez (Giliker, P, 2010, p. 21). Generally, v icarious liability operates within the law of torts. Its general rule is that a person who authorizes a tort will be liable personally for injuries or losses that arise as a result. It should be noted that vicarious liability operates within certain circumstances which requires that a person should be liable only in circumstances where special legal relationship exists with the person who has committed negligent act. Vicarious liability has been said to have some merits. The first one is that it is easier for the claimant to attach blame precisely to a responsible person. The second merit is that it makes the owner of a business to impose caution the persons in control of activities thereby helping it avoid avoidable losses (Henderson, 2002, p. 313). 2. Legal principles relating to the vicarious liability have developed through the case law to create scenarios that vicarious liability operates in the field of employment law. Mainly, it has created five main scenarios as demonstrated in the chart below: Always directly liable; always vicariously liable; may be vicariously liable; not vicariously liable; and is always vicariously liable Vicarious Liability Under the tort of negligence, employers are vicariously liable for the torts committed by their employees in the course of employment. Two main reasons have been cited for the justification of vicariously liability imposition on the employers: since the employees help the employers make profit,

Allegiant Airlines Research Paper Example | Topics and Well Written Essays - 1750 words

Allegiant Airlines - Research Paper Example Finally, Capt. Dave served in the capacity of Chief Pilot. In 1998, the company got FAA and Department of Transportation (DOT) Certification. This officially allowed them to operate charter and scheduled flights locally within the USA and also included international destinations like Canada and Mexico (Company, 2007). Allegiant Travel Co. retained sole ownership of Allegiant Airline until December, 2000 when changes in the ownership structure occurred. These changes proved to be necessary especially with the company’s failure to generate enough revenue to stay afloat. As a result, the company had to file for Chapter 11 Bankruptcy protection in 2000 and ownership shifted to Maurice J. Gallagher, Jr. during the reorganization phase. Gallagher used his prior knowledge acquired while working with other esteemed Airlines to transform Allegiant Airline into its current form. He did this by changing the company’s market target to smaller entrepreneurs in need of chartered and scheduled services neglected by larger airlines. To this date, the company boasts over 1,800 employees working all around the world (Company, 2007). The company’s headquarters are in Enterprise, Nevada. Gallagher is also responsible for shifting the company’s headquarters from the airline’s initial hub located in Fresno, California to Enterprise, Nevada in June, 2001 (Wheelen, 2011). The new restructured company model cut down the company’s operation costs and catered for the untapped market consisting of small-scale entrepreneurs. The fact that Gallagher was the main creditor of the previously bankrupt Allegiant Airline meant that the company’s previous debts could officially be written off. This would give the company a fresh start. This allowed for Allegiant Airline to generate revenue allowing it to settle the remaining debts with its creditors. Gallagher remained CEO and guided the company through the entire processes carried out with the aim of exiting bankruptcy. His hard work finally paid off in March, 2002 when the company successfully emerged from its bankrupt state. As a result, Gallagher signed a long-term contract with Harrah’s providing charter services to Harrah’s casinos. This allowed for the company to venture into other prospects, which would allow the company to diversify the services it provided. Allegiant, therefore, begun to provide air and hotel packages to its clients (Airline, 2012). Initially, Allegiant Airline was a privately owned company. However, in November, 2006, the company decided to publically offer its Common Stock under the ticker symbol ‘ALGT’. Throughout the years, Allegiant Airline continually expands by branching out into other focus cities, for example, Florida, Los Angeles, and, Washington among others. In addition, the company continually provides exceptional services to its clients just as it did before, in its headquarters, in Nevada. Throughout the years, Allegiant Company continues to prove to other companies how proper management is an integral part in the achievement of success within any organization (Company, 2007). Allegiant’s mission statement seeks to provide affordable flight charges to individuals operating on a small scale level. This occurs via the provision of travelling opportunities to

Disability and its impact on the individdual and Society Essay

Disability and its impact on the individdual and Society - Essay Example People with disabilities face a lot of challenges in the society today. They are restricted in doing things that the society expects out of them. Individuals with disabilities are restricted in various fields of life. Disability brings changes to a persons lifestyle one can acquire a disability through different way which may include heredity, antenatal and post natal factors. It may affect an individual either physically, emotionally and psychological. People with disability are feel less previledeged in life( Smart 23). A disability affects how an individual is viewed by the society, his friends and family. A disabled person may find it hard to communicate and socialize with other people. This notion affects the deaf, blind and people with multiple disabilities for instance the deaf blind . This is because they have a limitation in one or two areas thus need assistance from the society. The experience discrimination during employement due to there inability to participate incertain activities. They are also highly neglected as they are a minority in the society. Sensory impairement Sensory impairment is a condition whereby one or two of the senses in an individual fail to work. This may include smell, sight, touch, hearing and spartial . This disability can be divided into three sections. These are; the hearing impared, the visually impaired and the deaf blind . visual impairment involves the inability to see . It is also are categorized into three sections.The low vision is one of the categories. This involve people who have a vision but use it for primary sensory control. The second category is the functionally blind. These are people who have a vision but use it for functional purposes. Finaly, there is tally blindness. This involve people who have a limited ability to see thus learn and need assistance( Smart 55). They read and write use Braille translation and software and equipment, Braille printer, output computers, screen reader, software , type and s ceen enlargement. Deafblindness is the inability of seeng and hearing. It is a combination of hearing and seeing defisiencies. Hearing impairement occurs when the hearing sense is affected. One may develop it from birth or later in life. It is most commonly caused by loud noise as well as old age. The society renders various services to the blind, deafblind and the hearing impaired which enables them to overcome their challenges and live a normal life . These forms of disabilities can affect an individuals social and working life . The affect persons may fail to converse with the other people especially if they do not know the language of the deaf and of the blind. They may also experience problems with getting to work, they may also have problems with issues partaing to relationships. Most of these people have feelings of anger,depressed and frustrated low confidence and difficulty in concentration . Their family members and friends can give them support at home. At their work plac e they can get assistance from employment advisers, employment rights and support from fellow employees. There are special equipment and a special language that they use for instance the braille and sign language which help them to blend with other people in the society. Though the blind and deaf people face a lot of

Executive Leadership in Public Organizations Assignment - 1

Executive Leadership in Public Organizations - Assignment Example The Sunroof community performance will be determined by multiple experiences of leaders, and the outcome reflected at individual and community level (Wart, 2012). In order to achieve better performance, the community should build the capacity of new leaders by provides sufficient information through utilization of wisdom of the older generation (Cleveland, 1985). The community should inspire the new generation of leaders by building their capacity and matching individual goals with community goals so that individual leader’s achievement can translate to community advancement. The leadership performance can be determined by the community standards (Wart, 2012). Therefore, Sunroof community should utilize the leadership programs to impart the new generation of leaders with the relevant knowledge and use those programs as a benchmark for measuring performance standards in all community aspects such as social, cultural and economic aspects (Cleveland, 1985). In order to surpass th e previous leadership performance, the community should make a review of the leadership programs and modify the components that did not work according to the community expectations. The community should involve a diversified team of leaders who can identify and solve various issues affecting the community (Wart, 2012). The aim of the community is to train a new class of leaders that will take place of the former group and maintain the status quo of the Sunroof City as a community model for advancing science, innovation, culture and knowledge. As a diversified community and a role model in performance, the community should ensure they obtain leaders from various cultural and intellectual backgrounds to promote a unity of the community and retain creativity. The community should ensure they obtain new leaders from all cultural and intellectual background in order to achieve the organizational goals (Cleveland, 1985).  Ã‚  

Role of Gertrude in Hamlet's tragedy Essay Example | Topics and Well Written Essays - 1000 words

Role of Gertrude in Hamlet's tragedy - Essay Example He eventually takes it up as a mission to reveal it to the public in different ways like conducting a play (within Hamlet) for the audience, in the hope that those with insight would see the truth for themselves. He cannot repeat the same act of killing because he has a soft heart. This makes him even madder. He attempts to kill Claudius but gets into an argument with himself. Throughout the play he fights with himself, questioning his existence, wondering if he is his father’s son or his uncle’s. He wonders if his mother is really mourning her husband’s death or is she faking it. He doubts his own emotions towards Ophelia and shares all his grieves with his only friend Horatio. Obsessed by his madness he attempts to confront his mother, Gertrude. In that scene he accidentally kills Polonius, an act that adds to his insanity. We confront another death in the play and our eyes seek for a person to step forward and claim the cause of tragedy. It is Gertrude who see ms to have more weight than the rest of the major characters and this paper will explore her role in the play. Queen Gertrude, Hamlet’s mother appears in ten of the play’s twenty scenes, but speaks lesser than Ophelia, Hamlet’s lover. She is considered to be an innocent character in the play. She is said to be completely unaware of the murder of her first husband. Her very first appearance in Hamlet takes place in Act I Scene ii, with King Claudius who lets the audience know that he has married his brother’s widow. Her silence gives way to the lunacy Hamlet experiences. She also finds fault in her son to be still grieving on his father’s death. Gertrude’s politeness and innocence is the very sting that complicates matters. Hamlet is expecting more than this. He is expecting his mother to wail and resist the changing state of affairs. When he lashes out at her in response to her inquiry, she becomes concerned about his condition and speaks as if confessing her sins: O Hamlet, speak no more: Thou turn’st my very eyes into my soul, And there I see such black and grained spots As will not leave their tinct (III.iv) And again: O speak to me no more; these words like daggar enter my ears; No more, sweet Hamlet! Hamlet’s words are like a dagger entering her ears but as the ghost appears and she does not see it, she calls him mad. The situation could not be any better. We can see her at another instance, high spirited, hoping that her efforts to heal Hamlet, with the rest are going to work out. She is the antithesis of her son. She sees her penitence as a result of her son’s harsh words and not as a consequence of her own actions. She is too weak to make a decision of her own and relies on others to give instructions. It seems wise to ask â€Å"What shall I do† in response to Hamlet’s accusations. She remains submissive or at least she pretends she is when Hamlet sarcastically bids her to kee p the King away from her bed and do not consider her son as mad. Not this, by no means that I bid you do: Let the bloat King†¦ Make you to ravel all this matter out, That I am essentially not in madness, But mad in craft. ‘Twere good you let him know, For who that’s but a queen, fair, sober, wise, Would from a paddock, from a bat, a gib, Such dear

Compensation Practice Assignment Example | Topics and Well Written Essays - 1500 words - 3

Compensation Practice - Assignment Example We probably heard a typical expression: give and take. We should dependably things to individuals in return for what you issue them. Remuneration alludes to this Exchange, however in fiscal terms. Remuneration from the executive a representative criticism for work. Its simply the money related quality that head honchos trade for their workers with the administrations that representatives gave. Human Resource Management characterizes pay in these words "worker remuneration alludes to all types of compensation to laborers and emerging from their job (Hill & Jones, 2007). In the recent years many organizations including Verizon Communications Inc. have been designing implementing effective reward system demand to clear fit between the compensation strategy and overall business planning. Compensation system can be considered as the collection of pay decision utilized by administration that may under specific conditions influences organizational operations related to payment of workers and compensation of their various activities is done. (Lebow, 2012). Lately, numerous associations including Verizon Communications Inc. have been designing implementing effective reward system demand to clear fit between the compensation strategy and overall business planning (Hill & Jones, 2007). The degree attaining success related to various pay choices is dependent on the contingencies facing the management of question. For the case of Verizon Communications Inc., they Compensation practices are a set of commitments to following better compensation practices to employees. Compensation strategies act as a booster to motivate various employees as they work to achieve the organization goals. This is to say, any organization including Verizon Communications Inc., that have a better compensation strategy have been able to keep their trusted

Court Stucture in United States Essay Example | Topics and Well Written Essays - 500 words

Court Stucture in United States - Essay Example Usually a complaint is filed in the district court which is also known as the trial court. When the case is heard and a decision is rendered one can appeal that decision within thirty days of receiving the final order of the trial court. The decision is also known as a judgment. The purpose of the appeal is to get the decision of the lower court reversed. Here, some sort of legal error must be demonstrated. Because there is no higher jurisdiction, once the court of appeals has heard the case, there is no more appellate relief to be had. This piece is strictly the court system. The rules governing the court system are set forth in the procedural codes which are creatures of statute. Every criminal case has two components. They are the actus reus and the mens rea. This assignment asks me to define only the mens rea. Mens rea is the "intent level" of a crime which must be proven to sustain a conviction of the crime. It must be met, or the prosecution has utterly failed to meet its' burden and the case must be dismissed against a defendant. These terms relate to policing and the courts. They relate to policing because it is really the police officer who initially determines what the arresting charge will be. Ultimately, the court will decide if the evidence presented will withstand a motion to dismiss the charge.