Economic Concepts of Vicarious Liability

Economic Concepts of Vicarious Liability a) Explain the economic logic behind laws related to the concept of vicarious liability The simple definition of vicarious liability is where an individual or firm can be held responsible for torts committed by another, the most common case for that is of employers and employees. Vicarious liability differs from secondary liability as it doesnt deal with cases of negligence on the employers behalf, it instead relates to the scope of employment not the respondent superior. Normally when torts are committed the liability lies with the person who authorises the tort, however this is not always enough hence the introduction of vicarious liability. If companies know that they can be held vicariously liable and face the full cost for a tort then they will ensure they minimise the chances of committing a tort, this is done by better monitoring of the employees. This seems fine for large companies who have the money to monitor and the money to be able to pay any compensation. However small firms are far more disadvantaged as they dont have the resources to monitor or pay compen sation, this will mean the risk of accidents is not likely to decrease. Employers will more often than not be held vicariously liable for their employees actions. The Salmond test was developed in the 1930s to check if a tortuous act was part of an unauthorised act authorised by the employer or one the was instigate by the employee only. This was really the first definitions of vicarious liability and has been used as a test in many cases since. However over the years it has become more watered down slightly in favour of the employers. By 1969 the government had introduced a law forcing companies to take out insurance to cover cases of vicarious liability. The Employees Liability Act meant that any company in the UK would have to insure against liability of its employees and of its own actions. This would now mean that even if the company didnt take care the insurance would be able to pay the full social cost of the tort. The act also made it compulsory to have  £5 million of insu rance to make sure it will cover the full liability claim for compensation. It should therefore be in the employers interest to take more care of what they task employees to do knowing that ultimate responsibility can lie with the employer. The law up to the late 1990s stipulated that the employer could only be found vicariously liable if it was found they had authorised the employee to do something that was unauthorised. If however the employer was found not to have authorised any such behaviour the employer himself would be found liable. Since 2001 the House of Lords sees that we should focus on the link between what it is an employee is tasked to do and the nature of the tort committed. In most cases it makes good economic sense that employers should be found to be liable as well as the employees. Not just because they have a greater ability to pay compensation but because they should take more care when overlooking what their employees are tasked to do. b) In the case of an employer/employee relationship, is there a case for extending liability beyond the employer? To analyse this properly it is best to look at some recent case studies. One of the largest rail crashes on the British rail system was the Hatfield rail crash in 2000, it left 4 people dead and 102 injured. After the crash a long and painstaking enquiry took place to see how the crash happened and who the blame lied with. The enquiry found that a section of the track was badly damaged which led to the train derailing, the section of track was found to have been neglected for a period of 21months. The court held the maintenance company (Balfour Beatty) liable and fined them  £10 million pounds, a record amount for the time. The court also gave the parent company of Balfour Beatty a hefty fine, Balfour Beatty was managed by Railtrack who were handed a  £3.5 million fine for breaching safety rules. The judge said it was â€Å"one of the worst examples of sustained industrial negligence in a high risk industry† the crash could have been easily averted if a safety checking pla n was in place and properly followed. In this case liability had to be extended beyond the employer Balfour Beatty as Railtrack were at fault for not properly regulating the maintenance work. There was however no charges brought against the employees as they were only following the orders of the employer Balfour Beatty. In this case Balfour Beatty should take most of the blame as they are mainly at fault for not implementing the correct maintenance procedures. However Railtrack should and rightly took some of the blame as they should have been more closely supervising the what company they controlled was doing as it was in their interests. If a company van driver for example injures a pedestrian on a crossing who is liable? The employer can be liable for hiring a incompetent driver, but also the driver can be held liable as he was careless in his driving. So in a case like this it is right to extend liability as the company cannot be held solely liable due the driver not taking due care in his job. However it is usual that the pedestrian would only sue the company that employs the driver, this is mainly because it is harder to sue on a personal liability claim and also the companies have a greater ability to pay compensation. c) Is there a case for criminal liability in the context of vicarious liability? In most cases firms are vicariously liable in cases of civil liability, however they can also been prosecuted as part of criminal vicarious liability. The conventional thinking is that adding criminal liability to strict vicarious liability is a good thing, it should reduce corporate crime and also be efficient in its prevention. However more recent analysis suggest that in some cases adding vicarious liability to corporate criminal liability does not encourage corporations to be more cautious. It is widely said that trying to add criminal liability to vicariously liability is extremely complicated. Taking the case of Ferguson vs Weaving as an example vicarious liability was trying to be applied to a charge of aiding and abetting. Weaving was the licensee of a hotel, she was charged with aiding and abetting for allowing drinkers to consume alcohol after the hours permitted by the law. The licensee said that it wasnt her fault as she had instructed the waiters and waitresses to collec t up glasses before 10pm, the time at which she was licensed to allow consumption of alcohol. The court did not sympathise with her and were only concerned with the fact that she had broken the law. Therefore ultimate responsibility lay with the licensee and she was charged with aiding and abetting unlawful drinking. In many ways criminal liability should be extended to the vicariously liable firm as ultimately it is the firm that is responsible for its employees, obviously if the employee does some that is completely unauthorised buy the firm, it should be the employee that receives any criminal charges. Vicarious criminal liability however is not always useful as explained by Kraakman firms seem to be immune to criminal sanctions. The criminal penalties on firms are just not large enough to deter torts. In the case of Railtrack and Balfour Beatty the fines were argued to be non efficient, the money they were fined does not do the general public any good. Money they could have spent on improving the rail service was lost through the fine, instead it could have been better to force criminal charges on the two companies and forced them to invest in the rail network. References: Liability in Tort, 3400 Vicarious and corporate civil liability, Reinier H. Kraakman Vicarious Liability in Criminal Law, The Modern Law Review, Vol. 14, No. 3 (Jul., 1951), pp. 334-340, J. Ll. J. Edwards The Potentially Perverse Effects of Corporate Criminal Liability, The Journal of Legal Studies, Vol. 23, No. 2 (Jun., 1994), pp. 833-867, Jennifer Arlen Employers liability (compulsory insurance) act 1969 http://www.timesonline.co.uk/tol/news/uk/article575881.ece http://www.daviddfriedman.com/laws_order/index.shtml http://www.telegraph.co.uk/news/1524744/Companys-failures-led-to-Hatfield-rail-crash.html http://www.swarb.co.uk/lisc/VicLi19301959.php http://www.lawteacher.net/tort-law/vicarious-liability.php http://www.emplaw.co.uk/content/index?startpage=data/030003.htm http://www.practicallaw.com/0-101-5345 http://www.opsi.gov.uk/si/si1998/19982573.htm http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/2001/22.html

The World of Transgender, Homosexual, and Intersex Individuals Essay ex

Sex and gender make up one of the most basic functions in our society. Gender helps delineate tasks and how we refer to people, and is reinforced for us throughout our lives (Lorber 2006). Gender interacts with sex in varying ways (Disch 2006). Those who are not strictly heterosexual male or female are not readily accepted and face adversity as they bend gender and defy sex. It has long been debated whether there is a difference between sex and gender, and if so, what that difference is. In recent years it has been suggested that sex is a purely biological term, and gender is socially constructed, or defined and enforced by society. Sex is assigned at birth based on the genitalia, and usually, gender is determined by the sex. If parents are told their baby is a girl, they will reinforce traditional female stereotypes for her whole life. Society and peers will also help to reinforce her gender as she begins to spend more time outside of her immediate family. In this way, gender is a process, whereas sex is simply a static characteristic based on one’s physical appearance. The more dynamic process of gendering, however, defines â€Å"man† and â€Å"woman,† teaches one to see and internalize what is expected from one’s gender, and to act according to those expectations (Lorber 2006). When one’s biological sex and one’s internal gender are the same (a female with a vagina or a male with a penis), one is cissexual, or non-transgender. However, when one is born with the inappropriate sexual equipment, one is transgender, or one who feels one gender but has the sex organs of the other. The misalignment of sexual and gender identities raises a puzzling question. If gender is solely based on one’s genitalia, as biological determi... ... eschew them as I examine the world from other perspectives. It is still difficult to avoid this white privilege in looking at the world around me, but I have realized how lucky I am, and have become more interested in those unlike myself. I look forward to learning more about the diversity of our world throughout the rest of this class. Works Cited Associated Press. 2005. â€Å"Boi or grrl? Pop culture redefining gender.† MSNBC, October 1. Retrieved October 13, 2007 (http://www.msnbc.msn.com/id/9556134/). Goldberg, Alan. (Producer). 2007, April 25. 20/20: My secret self [Television broadcast]. ABC News. Lane, Ruth. 2007. â€Å"Book excels in gender issues: Encourages student in identifying, coping during changes.† The Spectator, September 27, 6B. Lauer, Jeanette C. and Robert H. Lauer. 2006. Social Problems and the Quality of Life. New York, NY: McGraw-Hill.

Meningitis

Tax payable at 20% over annual allowance of 1 0000 IN class 4 payable at 8% after allowance of 7956 IN class 2 payable weekly at E. 50 After research new child minders operate at 1/3 ‘occupancy' for the first year of trading , followed by 75% thereafter which must be factored into individual projections. 1. 6 My support networks will include: PEACE for training advice and support. Including recommended paperwork and contract help. Network coordinator and the Local Authority are helpful to advise about updates on latest training requirements and any policy updates.Health Visitors are invaluable to maintain current knowledge of young hillside's milestones' and to ensure healthy development. Parents nobody understands their own children like their parents, so it is imperative to have a good relationship with the most important people in their lives. Teachers spend the most time with school age children other than parents and keeping strong links with schools can be very helpful in ensuring that children are happy and settled. My family/relatives in order to maintain a good work/life balance keeping strong relationships with my own family and friends is really important.Childbearing groups/ Childbearing networks could be really helpful to share NY tips or difficulties around being a children and what that in tales, sharing joint experiences (whilst maintaining confidentiality) is useful for career progression. Training/ Publications and magazines such as Who Minds, Childcare websites and OFFSET is vital for staying updated with the latest policies and procedures whilst ensuring that the level of service provided is at the highest standard possible. 2. 1 Explain the Key components off healthy and safe home based environment.Key components; Nappies will be disposed of by sealing in nappy sacks and placing in a sole repose bin within the changing area until the end of day when they will be put into an outside wheelie bin. The changing mat will be wiped with appr opriate anti-bacterial cleaner following use. The children and I will wash hands following nappy changes/toilet breaks, before eating and after playing outside or following messy play. Plastic toys will be wiped if visibly dirty after play and washed in the dishwasher weekly (minimum).I will ensure any pet beds and cages are kept clean and away from any food preparation areas. Any pets will be appropriately vaccinated, roomed and flea protected following veterinary advice. Pet waste will be disposed in a sanitary way, and any litter boxes will not be accessible to the children. Children will not be able to play with any animals when unsupervised. When using any equipment I will ensure that it is age appropriate, in full working order and used according to the manufacturers guidance.I will ensure that plug sockets are covered, stairs are not accessible, children are aware Of evacuation procedures (if age appropriate) and my fire alarms and carbon monoxide detectors are fully working and regularly tested. When dealing with food in my home/setting the Five Keys to Safer Food are: (1) keep clean; (2) separate raw and cooked; (3) cook thoroughly; (4) keep food at safe temperatures; and (5) use safe water and raw materials. This includes using separate chopping boards for meat and Vega. Ensuring food is within its use by date and labeling food with dates when not kept in its original packaging.When considering illness in order to protect all of the children present any child with a rash should be considered infectious and assessed by their doctor. Chickenpox children will be asked to remain at home until all icicles have crusted over. Cold sores, (Herpes simplex) Avoid contact with the sores. Cold sores are generally mild and self-limiting. German measles Four days from onset of rash. Hand, foot and mouth. Will contact the local HIP if a large number of children are affected. Exclusion may be considered in some circumstances.Impetigo Until lesions are crusted and he aled, or 48 hours after starting antibiotic treatment Antibiotic treatment speeds healing and reduces the infectious period Measles* Four days from onset of rash Preventable by vaccination (MR. xx). Ringworm; Exclusion not usually required Treatment is squired Scabies Child can return after first treatment Household and close contacts require treatment Scarlet fever* Child can return 24 hours after starting appropriate antibiotic treatment Antibiotic treatment is recommended for the affected child Slapped cheek/fifth disease.Ovoviviparous None (once rash has developed) Shingles Exclude only if rash is weeping and cannot be covered. Can cause chickenpox in those who are not immune, ii have not had chickenpox. It is spread by very close contact and touch. Warts and overrule. Overrule should be covered in swimming pools, gymnasiums ND changing rooms Diarrhea and/or vomiting the child should remain at home for 48 hours from last episode of diarrhea or vomiting Conjunctivitis should be t reated on the advice of GAP. Diphtheria * Exclusion from setting is essential. Will contact the HIP. Preventable by vaccination.Your local PHEW centre will organize any contact tracing necessary Head lice, Treatment is recommended only in cases where live lice have been seen Hepatitis A* Exclude until seven days after onset of jaundice (or seven days after symptom onset if no jaundice) In an outbreak of apatite's A, the local PHEW centre will advise on control measures Hepatitis HIVE/AIDS are bloodstone viruses that are not infectious through casual contact. For cleaning of body fluid spills see: Good Hygiene Practice Macroeconomic meningitis*/ specialist* Until recovered Meningitis C is preventable by vaccination.There is no reason to exclude siblings or other close contacts of a child. Meningitis* due to other bacteria Until recovered Hip and phonological meningitis are preventable by vaccination. There is no reason to exclude siblings or other close contacts of a case. Meningitis viral* Milder illness; There is no reason to exclude siblings and other close contacts of a case. Contact tracing is not required MRS.; Good hygiene, in particular handshaking and environmental cleaning, are important to minimize any danger of spread.Mumps* Exclude child for five days after onset of swelling Preventable by vaccination (MR. xx doses) Toreadors; Treatment is recommended for the child and household contacts Tonsillitis; There are many causes, but most cases are due to viruses and do not need an antibiotic. Denotes a noticeable disease. It is a statutory requirement that actors report a noticeable disease to the proper officer of the local authority In case of any accident the first aid kit should be easily accessed and that the first eider should act in accordance to their training and contact medical professionals if required.An Accident/ Incident Record Book will be used to record any accidents and also to log any medication administered including any long term medi cation. Parents will sign a consent form regarding administration of medication and then afterwards to confirm that you have advised them that the medication has been administered this includes inhalers, diabetic injections etc. If a child has known allergies and is required to have access to an penne the correct training Will be undertaken to administer this if required, via Correct medical professional or SST Johns Ambulance training.Any child's allergies will be recorded and every possible effort will be made to avoid triggers, ensuring that ingredients are know if a food allergy, pet hairs are avoided if an allergy relating to animals, and if wayfarer I will be aware of the pollen count whilst planning activities, allergies will be managed with support from parents who are used to their child's allergy needs. . Explain the principles of safe supervision of children in the home based setting and off site Everyday activities; school pick ups, toddler groups, trips to the park, bea ch, shops, visits to swimming pools, zoo and beach, will all carry its own particular risks and supervision needs.

Riddle Definition and Examples