LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!?

LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!? Topic: LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!?
June 18, 2019 / By Alexandrea
Question: if a big building company subcontracts it work and all people are self employed and the site foreman asks a inexperienced person(unknowingly) to do a job and that unexperienced person injures someone... who is liable? The large company or the site foreman??? Thank You
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Best Answers: LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!?

Ty Ty | 1 day ago
You are about 3 PAGES short of having enough information to qualify as a case study. The ADDITIONAL information required to START addressing the issue includes: 1. WHERE this happens. Laws differ form jurisdiction to jurisdiction. 2. What is the nature of the job in question? 3. Why did the foreman not know the person was unqualified, and why didn't the person speak up? 4. What happened? Just because someone lacks experience, that doesn't mean anything happens for which liability exists. Note: Based only on what you state here, it is POSSIBLE that any liability rests with the inexperienced person. It is also possible that ALL parties involved share liability.
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Ty Originally Answered: LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!?
You are about 3 PAGES short of having enough information to qualify as a case study. The ADDITIONAL information required to START addressing the issue includes: 1. WHERE this happens. Laws differ form jurisdiction to jurisdiction. 2. What is the nature of the job in question? 3. Why did the foreman not know the person was unqualified, and why didn't the person speak up? 4. What happened? Just because someone lacks experience, that doesn't mean anything happens for which liability exists. Note: Based only on what you state here, it is POSSIBLE that any liability rests with the inexperienced person. It is also possible that ALL parties involved share liability.
Ty Originally Answered: LAW 10 POINTS! WHO IS LIABLE SIMPLE CASE STUDY!?
If the site foreman is an employee of the big company, then it has vicarious liability for the acts of its employees in the course of their duties. In that case, the big company rather than the foreman would be liable. Under UK employment law, even a sub-contractor can be considered an employee in some circumstances, related to whether the big employer determines what the worker does and when, the duration of the contract, whether the contractor is largely dependent on this one source of employment .... that sort of thing. If, as you say, the work was done by a sub-contractor, then that contractor has a separate legal identity from the big company. Is the foreman or the big company necessarily liable at all? Why couldn't liability stop with the sub-contractor? If the sub-contractor did not have public liability insurance and I was injured as result of his/her actions, I might well sue the big company because they would have been negligent in engaging sub-contractors without adequate insurance cover.

Rick Rick
If the site foreman is an employee of the big company, then it has vicarious liability for the acts of its employees in the course of their duties. In that case, the big company rather than the foreman would be liable. Under UK employment law, even a sub-contractor can be considered an employee in some circumstances, related to whether the big employer determines what the worker does and when, the duration of the contract, whether the contractor is largely dependent on this one source of employment .... that sort of thing. If, as you say, the work was done by a sub-contractor, then that contractor has a separate legal identity from the big company. Is the foreman or the big company necessarily liable at all? Why couldn't liability stop with the sub-contractor? If the sub-contractor did not have public liability insurance and I was injured as result of his/her actions, I might well sue the big company because they would have been negligent in engaging sub-contractors without adequate insurance cover.
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Merit Merit
I think Mrs. Palsgraf is really liable. buckeye
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Merit Originally Answered: Philosophy case study, need help!?
Craft is going to sue the committee "for mishandling his application and potentially defaming his character," when they merely read exactly what was there and had to determine whether Craft was trying to fool people. Well, people have been fired after such discoveries were made. That is what ethics is all about, but it does depend on the specifics, the makeup of the ethics committee, the operating procedures of the committee, and many other things not covered in that story. Connie should clearly vote against him, and ignore the threat. There has been no mishandling. I see no connection to Mill or Kant in this. And by the way, it is "ethics", not "ethnics".
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