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Negligence In Employment
Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Four basic causes of action may arise from such a scenario: negligent hiring, negligent retention, negligent supervision and negligent training. While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called ''respondeat superior''. Negligence As with all negligence claims, the claimant must prove four elements: *That the defendant (in this case, the employer) owed them a duty of care; *That this duty was breached; *That the claimant was injured as a result of the breach;Feliu & Johnson, ''Negligence in Employment Law'' , ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime, criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and Battery (crime), battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law (legal system), civil law jurisdictions largely d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Wagon Mound (No 2)
''Overseas Tankship (UK) Ltd v The Miller Steamship Co'' or ''Wagon Mound (No. 2)'',. is a landmark tort case, concerning the test for breach of duty of care in negligence. The Judicial Committee of the Privy Council held that loss will be recoverable where the extent of possible harm is so great that a reasonable man would guard against it (even if the chance of the loss occurring was very small). ''Wagon Mound (No. 2)'' should not be confused with the previous case of the ''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'' or ''Wagon Mound (No. 1)'',. which introduced remoteness as a rule of causation to limit compensatory damages. Facts Overseas Tankship chartered a freighter ship named the ''Wagon Mound'' which was taking on bunker oil at Mort's Dock in Sydney. The engineers on the ''Wagon Mound'' were careless and a large quantity of oil overflowed onto the surface of the water. After several hours the oil drifted and was around two ships owned by the M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. It may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The reciprocal rights a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligent Entrustment
Negligent entrustment is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile. General principles One of the earliest reported cases under this cause of action, the 1915 Mississippi case of ''Winn v. Haliday'', concerned the negligence of the father in entrusting a dangerous agency to a son known to be negligent, based on the allegation that the appellant knew his son to be given to ' joyriding'. The key allegation that must be proven in such a case can be described as follows: :A plaintiff who invokes that doctrine must present evidence which creates a factual issue whether the owner knew, or had reasonable cause to know, that he was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Record
A criminal record (not to be confused with a police record or arrest record) is a record of a person's criminal Conviction, convictions history. The information included in a criminal record, and the existence of a criminal record, varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and Driving under the influence, drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions (where the individual has pleaded guilty or been found guilty by a qualified court, resulting in the entry of a conviction), while in some it can also include arrests, Criminal charge, charges dismissed, charges pending and charges of which the individual has been Acquittal, acquitted. The term rap sheet refers to ''Record of Arrest and Prosecution'', similar to a criminal record. A criminal history may be used by potential emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq.'', is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It was intended to shield consumers from the willful or negligent inclusion of erroneous data in their credit reports. To that end, the FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information. It was originally passed in 1970, and is enforced by the U.S. Federal Trade Commission, the Consumer Financial Protection Bureau, and private litigants. History Before standardization of credit scoring, statements of character were integral to credit reports well into the 1960s. With credit reports containing probing details about personality, habits, and health, in the hearings on the Fair Credit Reporting Act lawmakers were troubled that individuals were helpless to clear up errors. The Fair Credit Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside the region, appointed by President Zachary Taylor. The court system was rearranged when Minnesota became a state in 1858. Appeals from Minnesota District Courts went directly to the Minnesota Supreme Court until the Minnesota Court of Appeals, an intermediate appellate court, was created in 1983 to handle most of those cases. The court now considers about 900 appeals per year and accepts review in about one in eight cases. Before the Court of Appeals was created, the Minnesota Supreme Court handled about 1,800 cases a year. Certain appeals can go directly to the Supreme Court, such as those involving taxes, first degree ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minnesota
Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the south, and North Dakota and South Dakota to the west. It is the List of U.S. states and territories by area, 12th-largest U.S. state in area and the List of U.S. states and territories by population, 22nd-most populous, with about 5.8 million residents. Minnesota is known as the "Land of 10,000 Lakes"; it has 14,420 bodies of fresh water covering at least ten acres each. Roughly a third of the state is Forest cover by state and territory in the United States, forested. Much of the remainder is prairie and farmland. More than 60% of Minnesotans (about 3.71 million) live in the Minneapolis–Saint Paul metropolitan area, known as the "Twin Cities", which is Minnesota's main Politics of Minnesota, political, Economy of Minnesota, economic, and C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Background Check
A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals. An employment background check typically takes place when someone applies for a job, but it can also happen at any time the employer deems necessary. A variety of methods are used to complete these checks, including comprehensive database search and letters of reference. History In the United States Pre September 11 2001, background checks were less common and less intrusive. In the 2000s, background checks became far more common after 9/11. Organizations such as the Transportation Security Administration (TSA) were created afterwards to protect national security and safeguard American citizens. These agencies were tasked with ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Harassment
Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, with some examples including making unwanted sexually colored remarks, actions that insult and degrade by gender, showing pornography, demanding or requesting sexual favors, offensive sexual advances, and any other unwelcome physical, verbal, or non-verbal (sometimes provocative) conduct based on sex. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or sexual assault, assault.Dziech, Billie Wright; Weiner, Linda. ''The Lecherous Professor: Sexual Harassment on Campus''. Chicago Illinois: University of Illinois Press, 1990. ; Boland, 2002 Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
