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Course: Legal Aspect of Contract
Home Builders Ltd supplies and fits kitchens and bathrooms. Part of the business involves manufacturing its own tiles and furniture. Jon is employed by Home Builders Ltd as a wood machinist operating a bench mounted circular saw. Today, while operating the circular saw, Jon caught his hand in the saw and severed 4 fingers. At the time this occurred, he had worked a 12 hour shift and for the last 6 hours of his shift, his supervisor, Murad, asked him to lend his push stick (which he had been instructed to use for feeding small pieces of wood into the machine) to a colleague. He was working to complete an urgent job. Joe admitted that he had been distracted and chatting to a colleague when the accident occurred.
Advise Home Builders Ltd as to its liability in negligence, including vicarious liability and whether any defences are available to the company.
1. What is vicarious liability? explain clearly?
2. When is an employer vicariously liable for the actions of its employees? explain clearly?
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Jason and Natalie are neighbors that live on Guerrero Street. Fifteen years ago Natalie built a gazebo. She frequently used the gazebo, but she was not aware that actually the gazebo was on property belonging to Jason. A month after the gazebo was bu..
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Major corporations with overseas subcontractors (such as IKEA in Bangladesh, Unilever in India, and Nike in China) have been criticized, often with substantial negative publicity, when children as young as 10 have been found working in the subcontrac..
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