Tort Law Master Case Study Example | Topics and Well Written Essays - 1000 words

Tort Law Master - Case Study Example Mr. Andrews could be implicated with "legal liability for a failure to act."3 As with regards to Mr. Andrews, he first had an obligation to Mr. Brown that he would treat him fairly as he would any of his other investors. This duty of care is evidenced in the following case. "In Donoghue v Stevenson [1932] AC 562, Lord Atkin recognized that the existing examples of duties to take care could be seen as aspects of a single tort[whereas i]n Anns v Merton [1978] AC 728, Lord Wilberforce stated [the single, universal test for the duty of care in negligence arose] on the basis of 'neighbourhood,' unless there was some distinct reason to deny a duty."6 Mr. Andrews next breached the obligation to be fair to Mr. Brown by acting in a manner inconsistent with the way a responsible managing director of a company normally would. Mr. Andrews's third and fourth causes of action were that his conduct was the cause of harm, and did harm Mr. Brown. Mr. Andrews was clearly at fault, according to the Law Reform Act of 1945 which states that "[Fault is . . .] negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort."7 Consequentially, as a result of this negligence, Mr. ... Mr. Andrews next breached the obligation to be fair to Mr. Brown by acting in a manner inconsistent with the way a responsible managing director of a company normally would. Mr. Andrews's third and fourth causes of action were that his conduct was the cause of harm, and did harm Mr. Brown. Mr. Andrews was clearly at fault, according to the Law Reform Act of 1945 which states that "[Fault is . . .] negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort."7 Consequentially, as a result of this negligence, Mr. Brown's surviving relatives could sue for "pain and suffering," which would include the "mental and emotional trauma which are recoverable as elements of damage in torts."8 Damages would be determined by the judge. With regards to the second case, there are several tort issues that come up. "Tortsinclude all wrongs of commission to rights in tangible matter, wrongs to rights in the body, life, liberty and security, and wrongs to rights in tangible property, its possession and exclusive control."9 Mr. Orange, if he survives the automobile accident, is liable not only in situation of having robbed the bank, but additionally would face charges due to having injured Mr. White in the process of robbing the bank. Not only this, but Mr. Brown could sue Mr. Orange for recklessness and subsequent damages sustained from the car accident that ensued following the robbery. Thus, Mr. Orange is in a great deal of trouble. Not only does he incur liability for robbing a bank, but in the process of committing that crime, he injured two people. As such, if he does survive, Mr. Orange

Human behaviour in the workplace Essay Example | Topics and Well Written Essays - 1250 words

Human behaviour in the workplace - Essay Example According to Mullins (2010), a trait is a characteristic that is dominant in an individual that makes them behave in a particular manner. Traits have been greatly used ti study the personalities of individuals mostly in their workplaces. The theory majors on the differences between individuals and what makes them unique in their different ways (Uczynski and Buchanan 2009).   Further to that, the main purpose of this theory is to identify the differences between individuals based on their personalities. Traits theory differentiates individuals into cardinal traits, central traits, or secondary characters. Cardinal traits are traits that are evident in individuals whole life. The traits are unique to every individual to some extent they are identified on the uniqueness of the traits. Central traits are the obvious characteristics found in a person that can be used to define their personalities. Despite being unique to most individuals in most cases, to some situations they are not un ique. Last is a secondary trait; the trait exists in a person's life because of a particular attitude or preferences. They are not dominant in an individual's personality, but they occur under different circumstances (Uczynski and Buchanan 2009).Personality Questionnaires Theory.This theory focuses on using questions to measure the personalities of individuals. The questions used are based on a yes, no or I do not know answers. In workplace, questionnaires theory can be applicable in measuring the level of team building exhibited by the workers.