Understand and Apply the Principles of Liability in Negligence a Essay

Understand and Apply the Principles of Liability in Negligence a Business Context - Essay Example Understand and apply the principles of liability in negligence a business context A business at a given time is bound to be liable for some acts either it has committed or has been committed by any third party who had the ability, right or duty to control the activities of the business. Example of this relationship is that of employer and employee, or that of a parent and a child. Vicarious liability assigns liability for an injury or loss to a person who did not actually cause the injury but has a special legal relationship to the person who acted negligently (Bermingham and Brennan, 2008, p. 27). As has been noted, a business can at a given time be bound to be liable for some acts, and particularly those committed by another person who has special legal relationship with the business. So, how can a business be vicariously liable? There are different incidences in which a business can be vicariously liable. For example, the owner of a car can be held vicariously liable for negligence that was committed by his driver. In an event that a driver commits a negligent act such as exceeding speed limit and as a results causes an accident, the owner (can be a registered business) of the car may be liable for the loss suffered by the owner of the other car or for the injury suffered by the other person involved in the accident.Vicarious liability in this context is based on the assumption that the owner of the car has provided the car for a particular use, and therefore the operator of the car is acting as the agent of the owner. The same assumption is also applied in circumstances whereby the owner of the car lends a car to a friend. Another example of an incidence where a business can be vicariously liable is that which involves a bank that is performing car repossession from the registered owner because of non-payment; the bank has a duty not to cause peace breach when undertaking the repossession. If its agent do cause then it will be liable for the damages as noted in the case of MBank El Paso v. Sanchez (Giliker, P, 2010, p. 21). Generally, v icarious liability operates within the law of torts. Its general rule is that a person who authorizes a tort will be liable personally for injuries or losses that arise as a result. It should be noted that vicarious liability operates within certain circumstances which requires that a person should be liable only in circumstances where special legal relationship exists with the person who has committed negligent act. Vicarious liability has been said to have some merits. The first one is that it is easier for the claimant to attach blame precisely to a responsible person. The second merit is that it makes the owner of a business to impose caution the persons in control of activities thereby helping it avoid avoidable losses (Henderson, 2002, p. 313). 2. Legal principles relating to the vicarious liability have developed through the case law to create scenarios that vicarious liability operates in the field of employment law. Mainly, it has created five main scenarios as demonstrated in the chart below: Always directly liable; always vicariously liable; may be vicariously liable; not vicariously liable; and is always vicariously liable Vicarious Liability Under the tort of negligence, employers are vicariously liable for the torts committed by their employees in the course of employment. Two main reasons have been cited for the justification of vicariously liability imposition on the employers: since the employees help the employers make profit,

What Caused the 1973 Arab-Israeli War Essay Example | Topics and Well Written Essays - 3000 words

What Caused the 1973 Arab-Israeli War - Essay Example The war also christened the Yom Kippur war as it was started on the eve of the day of prayers and fasting. (Yom Kippur). Yom Kippur is a holy day according to the Jewish religion when special prayers are conducted in the presence of fasting. Israel, with Golda Meir as the prime minister was attacked by Egypt that was led by Anwar Sadat. This war was joined by other Arab nations fighting with the Egyptians and included the Syrians, Lebanon and Kuwait (Aruri, 1975). In October 1973, Egypt made real its threats and attacked the Israeli troops within the Suez Canal and beyond. The Syrians attacking the west bank and other regions bordering it followed this. With these surprise attacks, one the longest Middle East wars began, recording one of the highest fatalities ever recorded. This war attracted the interest of other superpowers like the United States and the Soviet Union, further escalating its course and impacts. The United States, though declining to participate actively in the war, sent military support and intelligence to Israel. The Soviet Union reacted by sending its troops and military support to both Egypt and Syria, a factor which prolonged the duration of the war (Aruri, 1975). In this paper, the Yom Kippur war of 1973 will be evaluated to provide an empirical analysis of the events that occurred prior to the war. The sole purpose of this evaluation is to highlight descriptively the events that led to the beginning and progression of the war. The paper will thus analyze each cause into detail providing practical examples, actions and reactions and how each eventually propagated the war. Conflicts over control of Palestine Palestine, an Arab nation that borders Israel and other Arab nation was created after the Palestine liberation organization movement in 1967. This movement created an Arabic peninsula that was meant to house the Arabic Palestine, a move that was resisted by Israel. Israel in the first place was created after the ratification of the Un ited Nations agreement in 1945, thus creating a nation in areas that was inhabited by other Arabs (Bickerton, 2009). Palestine was therefore a major cause of the Arabic-Israel war of 1973 as the countries were fighting to regain control of Palestine from Israel. Israel gained control of Palestine following the six-day war of 1967 in which he fought his neighbouring Arabic nations to gain control over Palestine. Israel also captured the areas of the Golan Heights that was initially controlled by Syria before the 1967 war (Daigle, 2012). Apart from capturing these areas, Israel also captured the areas of the west bank and east Jerusalem that was initially administered by Jordan. Following the war and Israel control of the prime areas under the control of the Arabic nations, tension grew among the countries and war was visibly inevitable. In the same year, united nation made a resolution in an attempt to quell the rising tension between the Arabian countries and Israel to avoid the pos sibility of war. In the resolution, the united nation asked Israel to withdraw from the areas she had seized such as the Gaza strip, the Golan area, the west bank and other areas controlled by Jordon (Daigle, 2012). In exchange for this action, the Arabic nations were to accept and recognize the independence of Israel and to restrain from infringing into its territorial boundaries in a manner that could provoke conflict. These resolutions by the United Nations were ignored by both sides of the divide and cross border attacks continued further straining the more volatile relations (Aruri, 1975). The Israeli-Palestine conflict