The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 20, Problem 2IS
Summary Introduction
Case summary: Employee E works in company F. While working on a task E he got himself injured.
To explain : In order to obtain workers compensation whether it is necessary that E’s injury has to be caused by the negligence of F.
Summary Introduction
Case summary:Employee E works in company F. While working on a task E he got himself injured.
To find: Whether intentional injury is still counted as eligibility for workers’ compensation.
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b. What is the defense of contributory negligence in tort law?
Susan owns and operate a food processing factory in New Territories Hong Kong. Susan bought worker’s compensation and employer’s liability policy to protect herself for workers job related-injury or occupational disease. Explain whether the following situation are covered under this policy.
A customer entered Susan’s factory and was hurt by a box in the factory.
An employee died accidentally because of the machine failure in Susan’s factory.
With reference to case law, define the tort of negligence and discuss what a claimantmust show in order to bring a successful claim for negligence.
Chapter 20 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- Explain , What is the “doctrine of contributory negligence” and how does it relate to tort law?arrow_forwardWhat is the “doctrine of contributory negligence” and how does it relate to tort law?arrow_forwardTo win a suit for negligence, injured person must show all but one: Select one: O a. The company s behavior was the proxmate cause of the plaintiff s injuries. O b. The company creates an unreasonable risk of harm. O c. The company acted with total care and respect to the harm that could result O d. The company broke its duty of care,arrow_forward
- Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?arrow_forwardA factory worker named Nazrul of ‘Company Levon’ worked on the production line when his glove captures and his arm was drawn into an in-feed conveyor belt. Although the workers managed to pull him free, he suffered two broken bones in his right arm and a dislocated wrist. The employee missed eight weeks of work after the accident, which took place on March 10, 2018. An investigation by the Human Resources Executive of the company revealed that the company had removed a part of the line, thus leaving a gap in the side of the conveyor belt. The worker put his hand inside the hole to recover some trapped lids. It was then when his glove became entangled, and his arm was drawn into a dangerous moving part of the machine. The officer said that it was inadequately guarded. HE also said: “I am pleased that the worker has made a full recovery, but many other employees sustain permanent disability or impairment because machine safety is being neglected.” “Unguarded or poorly guarded machinery…arrow_forwardA factory worker named Nazrul of ‘Company Levon’ worked on the production line when his glove captures and his arm was drawn into an in-feed conveyor belt. Although the workers managed to pull him free, he suffered two broken bones in his right arm and a dislocated wrist. The employee missed eight weeks of work after the accident, which took place on March 10, 2018. An investigation by the Human Resources Executive of the company revealed that the company had removed a part of the line, thus leaving a gap in the side of the conveyor belt. The worker put his hand inside the hole to recover some trapped lids. It was then when his glove became entangled, and his arm was drawn into a dangerous moving part of the machine. The officer said that it was inadequately guarded. HE also said: “I am pleased that the worker has made a full recovery, but many other employees sustain permanent disability or impairment because machine safety is being neglected.” “Unguarded or poorly guarded machinery…arrow_forward
- Identify the legal concept of negligence and discuss the elements necessary to establish a negligence cause of action as discussed in the text. Be sure to pay particular attention to the issues of causation, foreseeability, proximate cause, and the defenses one may have to a negligence lawsuit as evidenced in Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928).arrow_forwardUnder the Law of Tort, with regards to the general principles of negligence what is the concept of duty, the standard of care, causuation, damages and contributory negligencearrow_forwardT or F In the context of grievance procedures, the principle of just cause originally places the burden of proof on an employer.arrow_forward
- What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.arrow_forward5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)arrow_forward
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