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vicarious and employers liabilities need to be considered
Colin v Connect Co.Vicarious liability requires that tort is committed by a person who is classified as an employee and that it is committed in the course of employment. In order to establish whether the person is an employee, the courts rely on one of three different tests. The control test establishes that the employer has the power to control both the work the employee does and the manner in which work is executed. This test is rarely used nowadays, mainly because the nature of...
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Effectiveness Gatt
Dispute Settlement Under WTO As An Improvement Over Dispute Settlement Under GATT, 1947 Introduction The effectiveness of the GATT/WTO legal system with its comprehensive framework of international trade laws is hinged upon its dispute settlement mechanism. Though not very elaborate at the start, the mechanism evolved to a large extent during the five decades of the General Agreement on Tariffs and Trade (GATT), 1947. The establishment of the World Trade Organisation (WTO) in 1995 saw the...
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Negligence is the omission
Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. Until 1930 the British Courts did not recognize the general duty in tort for a careless behavior and its liability, when Donoghue v Stevens [1932] AC 562 established the tort of negligence and the duty of care. The elements which confirm the existence for the tort...
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Income tax framework
Question 1 - Answer BOTH Part (a) and Part (b)Part (a)Bob carries on a food catering business, as a sole trader, in Perth.For the year ended 30 June 2010, he has provided you with the following information regarding his business:(1) He had sales of $950,000 of which:(i) $50,000 remained unpaid by his customers as at 30 June 2010 although food have been delivered, invoices issued and no dispute has arisen; and(ii) $10,000 was paid directly to his suppliers by his customers, instead of to...
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International Legal Models
Can Native Title be considered a proprietary interest? Native Title 2nd edition 1998 (Australian government solicitor) commonwealth of Australia, can print, Fyshwick ACTThe intention of this assessment is to answer whether Native Title can be considered a proprietary interest there have been some landmarks cases inclusive of international movements to suggest that it is, however submitting to this conclusion cannot escape detailed nuances and exceptions which may suggest otherwise. Beginning...
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Information integration model
The information integration model applied to juror decision making is derived from a more general integration theory of cognition developed by Norman Anderson (1974a, 1974b, 1974c, 1978; Anderson, NoteInformation integration models describe the processing of information in terms of an algebraic combination rule. Integration models have been widely applied in studies of social and nonsocial perception (e.g., Anderson 1974a; 1974c) as well as to areas as diverse as clinical judgment (Anderson,...
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Intentionally kill a person with their consent
Is it wrong to intentionally kill a person with their consent in order to relieve that person’s suffering from agonizing pain? Imagine a loved one suffering in a state of coma. The doctor has discovered that he or she is in a vegetative state with no hope for recovery. Neither you nor the patient’s family has their living will regarding their wish for prolonged medical treatment. What do you recommend on this issue? Do you suggest he or she undergo euthanasia or suffer forever in a...
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Two legal views consideration and agency
This case can be interpreted in two legal views; Consideration and Agency. Before investigating this conflict, it needs to be pointed out several significant facts to be considered; the facts that Mr. Copperfield, the claimant, and Ms. Trotwood are independent contractors and work for the 25 mile area to take care of the elderly people of care homes.He would not get paid under promised performance of existing duty,He would not get paid under past consideration, which does not accept that there...
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Provisions Of The Labour Laws In Oman
Oman Labour Law issued in accordance with the Sultan's Approval. Ministry of Manpower is one of the main important thin which influence the Labour Laws in Oman. Oman officially the Sultanate of Oman is an Arab country in southwest Asia on the southeast coast of the Arabian Peninsula. It borders the United Arab Emirates on the northwest, Saudi Arabia on the west and Yemen on the southwest. The sultan is the head of state. He:Presides over the Council of Ministers (or may appoint someone to do...
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Analyse Legal And Ethical Issues Facing Paramedics
A paramedic’s work is individual in its role, context and circumstances. When discussing pre-hospital emergency care, it has been argued that “this care is unique and characterized by factors that are likely to give rise to a different set of ethical conflicts in comparison with other forms of care” (Nordmark & Sandman, 2006, p.1). Paramedics face extreme physical and emotional challenges every day, but many issues arising for them are based around legal and ethical...
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