To successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?
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- To successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?
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- How can a company reduce the possibility that its employees may engage in unlawful activity? Discuss.Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?The insured is covered under O.A.P. 1 Owner’s Policy including Direct Compensation-Property Damage and is involved in an accident in Ontario with an automobile, for which he/she is not at fault. His/her car is severely damaged and personal belongings in the car are destroyed. Which one (1) of the following statements is correct? O A) Damage to the insured's car and reimbursement for a rental vehicle are covered by the third party’s policy. O B) Damage to the insured’s car, replacement of destroyed personal belongings and reimbursement for a rental vehicle are covered by the insured’s policy, less the policy deductible. O C) Damage to the insured’s car, replacement of destroyed personal belongings and reimbursement for a rental vehicle are covered by the third party's policy. O D) Only damage to the insured’s car and reimbursement for a rental vehicle are covered by the insured's policy.
- What are the factors which will allow a court to pierce the corporate veil?At both federal and state levels there are civil and criminal courts. What types of cases are handled in civil courts? In criminal courts?Please defend your position on the following statement: “The Statute of Frauds is old law that has outlived its usefulness and should be abandoned by today’s courts.” Be sure to state your position and support it with at least THREE points. pls note this is business law question!
- 2) Punitive Damages: Regardless of whether you feel the case was an appropriate one for strict liability, was the McDonald's coffee case an appropriate case for the award of punitive damages? Look over the requirements for punitive damages and assess whether the jury award was appropriate in this case. Why or why not?1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The fire chief defends on the basis that it is a legitimate decision because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain 2) A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small Rh in the corner of black applicants’ applications.”Rh,”she says, is her supervisor’s term for “raisin heads, “which he calls African-Americans. Is this employee entitled to reinstatement? 3) jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile…What are the problems non-compete clauses causes to the employee. And write what solutions can be provided to this problem
- Discuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?State and describe three (3) potentials grounds for overturning an NLRB election.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?