PDCV101 Assignment: Legal Relationships, Liabilities, and Torts

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This assignment solution analyzes a business scenario involving Elinor, Edward, and Brendan, focusing on the foundations of legal knowledge, including partnership, principal-agent relationships, and vicarious liability. The assignment explores the legal relationship between Edward and Elinor as partners, the liability of Edward for financial transactions, and the legal relationship between Brendan and the other two individuals as an agent. It further examines whether Elinor and Edward are bound by Brendan's actions with the RSL Club, considering vicarious liability, and assesses Brendan's own liabilities for his actions. The solution delves into key legal concepts, such as partnership agreements, the duties of agents, and the implications of torts within a business context, providing a comprehensive analysis of the legal issues presented in the scenario.
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Foundations legal
knowledge
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TABLE OF CONTENTS
TABLE OF CONTENTS............................................................................................................................2
INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
1.What is the basis of the legal relationship between Edward and Elinor................................................3
2. Is Edward liable for the $1,000 and, if so, to whom and on what basis?..............................................4
3. What is the basis of the legal relationship between Brendan with Edward and Elinor.........................4
4. Are Elinor and Edward bound by Brendan's actions with the RSL Club and, if so, in what capacity? 5
5. Is Brendan liable for anything and if so, to whom?.............................................................................6
CONCLUSION...........................................................................................................................................7
REFERENCE..............................................................................................................................................8
Books and journals......................................................................................................................................8
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INTRODUCTION
The foundation of legal knowledge implicates all the base in the applications through
which various laws can be implied and also to maintain the restitution of certain rights and
manner. There are various laws which are being covered in it they are like contract, employment
law, law of tort and many more(Zhang and et.al., 2020). The partnership act and law of tort
implicates various liabilities that have been made on all the individuals, this report we deal with
a case scenario in which all the legal relationship in the liabilities will be carried out in respect of
various persons and will also carry out all the obligations through which all the company a there
effective working use to take place.
MAIN BODY
1.What is the basis of the legal relationship between Edward and Elinor.
Edward and Elinor as being bound in a legal relationship as they decided to start a
business together and in order to that also share their duties in all the work which is to be made
on that certain time period. With that both of them also finances the major start up cost of
business and hired a person to do a specific duty under them all such applications give us an idea
that there is a legal relationship between both of them and they both act as partners. The major
relationship between them is of partnership as they both carry same liabilities and equal earnings
from that exact business(Yu-fu, 2017).Partnership is mainly the major relationship between the
two person who have been agreed in order to share all the profit for the business and to carry all
of such business together but acting in the same manner it can be in a written agreement in the
person who are in that legal obligation are being called as partners they both carry all the profits
and losses together in implicates to share all the liabilities in profit in an equal manner. In the
partnership act it is the major duty of all the partners to work together and maintain the main
nature through various means. The partners are there by being liable to share the debts and the
assets all together and in case if any of the partner wants to remove themselves from all such
matters and the firm they will have to inform the other members about it and the working. In this
case Edward and Elinor share all the liabilities and profits and also look up all the finances
together so they are being in a legal relationship as in partners and if any of them want to take the
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decision they will have to consult each other about it and maintain all the assets and the shares in
profit together.
2. Is Edward liable for the $1,000 and, if so, to whom and on what basis?
As Edward has spent $2000 in order to play a poker game in a local RSL club where he
won $3000. Thereby he kept that additional money which he has took from the business account
and the remaining which he actually won as prize money was been kept by himself. In this all
case it is being seen that Poker game is there by being allowed over there, and the RSL club
covers the private holding of such games(Tong, 2018).Edward as has taken the money from the
business account which is being handled by Edward and Elinor both and they act as partners in
carry equal rights and all the money in the financial aspect which they used to share together.
Thereby it is a legal duty of Edward to ask before taking the money from the joint account of the
business, it is being analyzed that Edward is thereby being liable for the money which is being
taken by him, as there is a formal agreement between them and all the partners being involved
will carry the equal right. If there is any miss application of money then the person who had done
it will have to give the debts to the person and to the company as being undergone by the
partners. In all their partnership act there is being made that all such certain liability and the ways
through which the person can hare there various areas of working. As being maintained that in
all the company and the business practices it is important that the person who are being
represented as partners will there share the common interest and it is the sole duty of all the
partners that they should get to know about the use of the money and the financials transactions
which has been taken place in various manners.
3. What is the basis of the legal relationship between Brendan with Edward and
Elinor.
As Elinore and Edward has started that business and when the business ran successfully they
decided to make a great deal and to expand their business by buying a second van and to hire a
staff member to run that went well for which they had Brendan(Shaath, 2017). The legal
relationship with between them is of principal-agent, which means that Brendan used to work as
an agent for their business and will have to carry and maintain all the duties which are being
given by them. There are various important areas that are being covered in it they are as follows:
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The principal agent relationship is mainly the method in which agents are legally being
appointed by the principles in order to act on their behalf and to help them out to carry
the business properly.
And for that the principle is vicariously liable for all the acts which are being done by
their agent and there has been made all the applications through which they can create the
further methods of increase in the growth and revenues.
All the principal agent relationship lies as to maintain the business properly and to
expand their business in order by performing all the activities that are being required in
the market.
The agent is being applied to perform all the duties which are being told by their masters
and in return of that they will get paid and so all three of them carry relation of principal
agent and Brendan will have to perform all the duties which are being given by Edward
and Elinore during his business hours(Rahman and et. al., 2020).
4. Are Elinor and Edward bound by Brendan's actions with the RSL Club and, if so,
in what capacity?
Brendan was being Trying to convince all the children’s to join the dance school of other
persons as an order of that he has been getting certain profit amount from them and by such
methods when the board members of local RSL club approached to Brendan then there has been
seen that they want to promote the facilities for the child minding and activities for the children.
As Edward and Elinor are being liable on behalf of Brendon as there has been seen that they are
all bound in the vicarious liability, which means when there is a relationship between the
employer and employee or in the principal and agent then all the actions which are being taken
by the agent which directly affect the principal or the manager of the business. In such liabilities
all the superiors are being held able for the performance of the act or any other promises that are
being made by the agents(Osorio, 2018).Vicarious liability involves all the relationship of certain
principal and agent and in all such cases where the negligent act has been performed by the agent
the liabilities will directly being suffered by the managers. As Brandon was already being
involved in so teen manner in which he used to instigate children to join some other dance
Academy was wrong, But it is being noted by one of them and then also they didn’t find
anything wrong in that as they were already on in profit which inbox that they have already
excepted such behavior from him does all the liabilities and the actions which are being taken by
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Brendon with RSL clubs will have to be fulfilled by Edward and Elinore as they are vicariously
liable to perform such acts.
In all such acts and the methods in which the gents try to attain and maintain the nature
and various means are being framed in it. All the agents use to perform the activities on behalf of
the company and the business practices that are being undertaken over through by them so there
are certain activities which are being abided through all the nature and the work. The vicarious
liability there by being arose in all the sentences and the duly framed culture of activities that are
being given to the servant. Brendan as acting as a servant of the company will have to perform
all the activities told to him and there by the actions and the happenings will be accountable to
the entire person who is being acting as the head of the business holdings(Marquez, 2018).
5. Is Brendan liable for anything and if so, to whom?
It is being attained through all element and frames and the network can be altered
throughout varied principles. As Brendan attain to make all the nature and business in the proper
manner. He will be liable for his wrongful act as he tried to raise money and earn profit through
various means and try to influence children’s in order to join some other classes for which used
to get some discounts and bonus money. Brendan also tried to manipulate and instigate children
towards the other dance group academies and with that he raised money and also didn’t even tell
his managers about that. As he was thereby being a servant under Edward and Elinore he has the
liability to tell all the activities which were being going under the course of business. And while
attaining the profit from the children and trying to make a bond with our SL group for making
the child to be shifted over there for the child and benefit care programs will all together we are
wrong act (Liu, 2019).It implicates start there are Certain liabilities which all the servants will
have to perform towards your masters.
As duty not to delegate anywhere
Duty to follow all the norms and rules with reasonable care and skill while performing
their task.
The agents are being liable that they should not make any secret profit and it is the duty
that they should tell their master about all the activities which are being undergone in the
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business and according to that Brendan was being liable as he has made secret profit from
earning extra by influencing children to join any other academy, and by implementing
certain skills and ideas through his own means(Arjmand, 2018).
No agent is being allowed to make any such profit without the permission of the master
thus Brendan Will be liable to words Edward and Elinore for his wrongful act of keeping
secret activities and earning profit(Zhu, and Hao, 2020),
CONCLUSION
From this above report it is concluded that, foundation of all the legal activities is the
main framework from which the laws and the aspects are being applied in all the various legal
knowledge. Partnership is the legal obligation through which two or more members are being
involved to carry out same business with equal rights. All the agents being working under the
business are being kept by the permission of partners and the principal there will be a principal
and servant liabilities being a rise in between them. There will be a vicarious liability on all the
acts that has been done by the servant will directly affect the masters.
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REFERENCE
Books and journals
Arjmand, R., 2018. Introduction to Part I: Islamic Education: Historical Perspective, Origin, and
Foundation. Handbook of Islamic Education, International Handbooks of Religion and
Education, pp.3-31.
Liu, J., 2019. Cleveland National Forest Foundation v. San Diego Association of Governments 3
Cal. 5th 497 (2017). W. St. UL Rev., 46, p.195.
Marquez, B., 2018. Trial by fire: the Ford Foundation and MALDEF in the 1960s. Politics,
Groups, and Identities.
Osorio, A., 2018. Reviving the study of public administration’s legal foundation: juris et de
jure. Handbook of American Public Administration.
Rahman and et. al., 2020. "How does the Foundation Training Course Enhance the Capacity of
The Young Civil Servants to Achieve Sustainable Development Goals (SDGs)? A
Study on Bangladesh Public Administration Training Centre." Knowledge Management,
Governance and Sustainable Development: Lessons and Insights from Developing
Countries. India: Routledge (2020): 345-362.
Shaath, M., 2017. Book Review: The dental foundation interview guide: with situational
judgement tests. British Dental Journal, 223(2), pp.73-73.
Tong, Z., 2018. Methodological Foundation of Faquanism. In Right, Power, and Faquanism (pp.
274-310). Brill.
Yu-fu, J.I.A.N.G., 2017. Legitimate foundation of the legalization of religious work. Journal of
Yunnan Minzu University (Social Sciences).
Zhang and et.al., 2020. The influence of board directors' institutional and business relationships
on philanthropic foundation performance. Journal of Intellectual Capital.
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Zhu, Q.S. and Hao, R.C., 2020, June. The Integrated Design of ‘Industry-University-Research-
Application-Cultivation’Based on the Course of ‘Mechanical Design Foundation’in
Higher Vocational Colleges. In International Conference on E-Learning, E-Education,
and Online Training (pp. 370-375). Springer, Cham.
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