Employment contract

A court will likely find that Sean Winter’s abuse of authority contributes to a finding of outrageousness under Angeline Jean’s IIED claim. Abuse of authority, under Florida Law, is a factor that can strengthen the outrageousness element of an IIED claim. McAlpin v. Sokolay, 596 So.2d at 2. Abuse of authority occurs when a plaintiff suffers severe emotional distress as a consequence of a relationship with the defendant, who uses actual or apparent authority over the plaintiff or power to affect…

The cost of victimizations cannot be measured solely in monetary terms. The losses people suffer can be identified as either intangible or tangible. Tangible costs are hard to translate into dollars and cents but refer to the pain, suffering, and reductions in the quality of life individuals endure when they are shaken or even traumatized by negative events. Tangible economic losses are relatively easy to measure monetarily whenever offenders take cash or valuables, steal vandalize, or destroy…

Q2. One of the leading cases on the duty of care in tort is Caparo Industries plc v. Dickman [1990]. In an essay of not more than 1,000 words, explain the three parts of the Caparo test. In this landmark case on establishing the duty of care, Lord Bridge enunciated a three-part or fold test for establishing the existence of a duty of care between a plaintiff and a defendant. This test has become known as the “Kaparo test”. In this test, for a claim by the claimant against the defendant for…

Constructive Eviction and the Implied Warranty of Habitability Steve has several causes of action. This particular jurisdiction recognizes constructive eviction which “occurs when residential rental property is in such disrepair or when a condition exists on the property that makes it extremely impossible or difficult to live there. The property is then said to be “uninhabitable”. (Constructive Eviction, n.d.). Because of implied warranty of habitability that requires landlords to keep their…

Neese Trustee in the bankruptcy for the First Trust Company brings suit against the directors for failure to use due diligence and to recover losses as a result of these actions or failures to act. The Neese Trustee for the First Trust Company cite in their suit that the directors were negligent in their actions and that they did not discharge their duties as required as directors, they further state that they did not give the required time and attention required of them, this is a crucial…

In applying the foregoing factors a court will most likely determine that Rodriguez’s image is not a portrait or picture. Firstly, the logo that Rodriguez displayed is placed on the window of the studio, his website, and promotional material. Rodriguez is clearly a fan of the band U2, as he named his tattoo parlor after one of their songs. Rodriguez admittedly attended one of Out of Control’s gigs in Brooklyn that features Forrest playing the role of Bono. Forrest contends that the logo…

The court will probably find that Bill and Sandie’s possession of the Green was “open and notorious.” This is one of the five elements of adverse possession. Possession is “open and notorious” when the adverse claimant’s use of the property can be observed, by another, through the erection of a structure or participation in activities that can be seen. Appalachian Regional Healthcare. Inc. v. Royal Crown Bottling Co., 824 S.W.2d 878 (Ky. 1992); Kentucky WCTU v. Thomas, 412 S.W.2d 869 (Ky.…

Protected Activity- Filing a formal complaint of discrimination or harassment with EEOC is a protected activity. Rebuttable Presumption: facts, that are accepted by a court until it is proved to the untrue. Relief Sought- Plaintiff must identify the damages or other relief sought in their complaint or pleading. Determining if they are seeking: Compensatory Damages- emotional injury to health status, inconvenience n, loss of enjoyment of life, injury to professional standing, injury to character…

3. Persuasive Authority • Persuasive authority means that a court may follow the opinion or reasoning of the “persuasive” case but it is not required. The decision to follow persuasive authority depends on the stature of the court deciding the earlier case, the reasoning of the opinion, the similarity to the instant case, and whether the current court agrees with the case. • A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state…

• Cables left in walkways. • Hot tools left on and plugged in (these must all be tested and checked). • Hazardous fumes (these must always be clearly labelled). Risk assessment must always be written out when there 5 or more people working in a room. The writing of the risk assessment is an indication that the employer has considered legal requirements. When doing a risk assessment these are the things you need to consider: 1. What is the hazard? 2. Who is likely to be affected? 3. What are…