. How do courts differentiate between an employee and an independent contractor?
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. How do courts differentiate between an employee and an independent contractor?
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- 1A court can award several alternative remedies to a plaintiff for a defendant's breach of contract. These remedies include specific performance and injunctions.a) What is an action for specific performance and when will a plaintiff seek such an order from a court?b) What is an injunction and when will a plaintiff seek an injunction as a remedy in a contractual dispute?Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?
- In employment establishments, an employee may be different from an independent contractor. By reference to case law, explain the tests used by courts to distinguish an employee from an independent contractor.Define agency and explain how an agency by ratification can arise. Illustrate your answer by reference to relevant cases.What is administrative law, and what is its role in the legal system? Explain the relationship between administrative agencies, the executive branch, and the judiciary.
- What are the factors which will allow a court to pierce the corporate veil?Discuss the causes of Grievance in an organization and explain the procedure of grievance redressal in an organizationIn what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.