Law for Business Managers: Assignment
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Added on 2020-10-05
Law for Business Managers: Assignment
Added on 2020-10-05
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Law for Business Managers
Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1Issue:...........................................................................................................................................1Rule.............................................................................................................................................1Application and Conclusion........................................................................................................2QUESTION 2...................................................................................................................................2Main forms of business mediums and their advantages and disadvantages...............................2QUESTION 3...................................................................................................................................5Main sources finances available to companies and theirs advantages and disadvantages..........5QUESTION 4...................................................................................................................................6Issue:...........................................................................................................................................6Rules............................................................................................................................................6Application and Conclusion........................................................................................................7CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................9
INTRODUCTIONLaws are an integral part of the business and its activities. The business law provision areapplicable to almost all the activities of an organization and the mangers are required to have agood knowledge of the applicable legal provision to the business. In the present report ananalysis of the legal issues is done with identification of appropriate law and application of the inthe given scenarios. In this regard the legal issues includes determination of presence ofdoctrine of vicarious liability and frustration or not. Along with this the main types businessorganizations and forms of funding of a company are explained with their advantages anddisadvantages.QUESTION 1Issue:Is the doctrine of vicarious liability is applicable to the case of Ken, Grant and the buscompany?What potential proceeding civil or criminal can Ken take for the accident.RuleThe doctrine of vicarious liability:The vicarious liability is referred as a situation where someone is held responsible for theactions of others or omission of another person even though the person did not commit the actitself. This is form of strict liability which contains two elements vicarious and liability.Vicarious means felt, experienced by reading or watching about somebody else to do somethingrather than by doing itself (Foster, 2018). The liability means to a state of being legallyresponsible for something. This means that a strict liability is imposed on a person who does nothave a primary liability when hew is not in fault. This is not a tort (Tort Law, 2018). In otherwords a person is held liable for act of another and employer is liable for the acts of his/heremployees. To raise a liability under an employment the employee must be in acting in the course ofhis her employment. This is also imposed for breach of the care of duty by the employer which isimposed on him/her. There are three main elements which are required to establish the vicariousliability:Existence of employer and Employee relationship: arises with presence of anemployment contract which can either be expressed or implied. With the doctrine of1
respondeat superior the employers are made responsible for a lack of care on the part ofemployee. This relationship can be established through various tests which are the controltest, the organisation test and the multiple test. Tortious act of negligence: includes an act of negligence of omission on the part ofemployee. There is a lack of care for the consequences of the action of one person overanother (Sullivan and Schweikart, 2019). To establish the negligences claim there mustbe a duty of care owed, the breach of that duty and damages or harm served due to thatbreach.Within the course of employment: requires the occurrence of the negligence act by theemployee under the employment and within the working time of the employment.Application and ConclusionFor the given case it can be seen that Grant is the employee of the bus company andWorking under the employment of the company. Within the given circumstances it can beassumed that there was an employment contract between Grant the bus diver and the buscompany. Moreover, it can be established with application of the control test as the activities ofGrant is controlled by the company and his services is an integral part of the business. Forestablishment of negligence claim it can be started that grant as an employee of bus companyowed a duty of care towards the pedestrians waling on the road while driving the bus as to not toinjure them in any case. The duty was severely breached by Grant as he negligently omitted tosee the red light and hit ken. The damages and harm in this case was the leg injury suffered byKen due to omission of the fact by Grant. With this all the elements all the elements to establish the vicarious liability are fulfilledand this can be stated grant is the employee of the bus company and caused the accident due tonegligence under the employment of bus company. Due to the negligent act of the Grant Kensuffered leg injury and under as per the doctrine of vicarious liability the bus company will beheld liable for the act of one of its employee that the bus driver grant.QUESTION 2Main forms of business mediums and their advantages and disadvantagesTo start up a new business Ken and Mike Balwin have different option to start theirbusiness of concerts and events. The various form of business which is available to Ken andMike are:2
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