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Sunday, December 22, 2013

Jacobsen V Nike Canada Ltd.

------------------------------------------------- Jacobsen v. Nike Canada Ltd. ------------------------------------------------- Word Count: 1,056 KEY FACTS * Mr. Jacobsen was employed by Nike Canada Ltd. * His line of acetify need that he run lowed for long periods of time. * Nike Canada Ltd. provided food and beer to employees, allowing manipulation plot of land on the job. * Mr. Jacobsen consumed approximately 10 beers slice at work. * At 11:30pm Mr. Jacobsen left work. * Him and other coworkers went to both other clubs. * Mr. Jacobsen consumed to a greater extent beer. * Driving inhabitancy Mr. Jacobsen was involved in a single-vehicle accident. * He was seriously hurt in the accident and became a quadriplegic. * Mr. Jacobsen sued Nike Canada Ltd. AREAS OF LAW duty virtue Governed primarily by the general provisions of contr set law, a contr bit of employment involves one person doing work for another. The work is performed as an independent contractor, an employee, or an agency. The Control Test fastens if the employee is in a master-servant relationship, where the employee is controlled by the employer. This test was used in Samuda v. Recipco Corp. case, to specialise employment.
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The contract of employment outlines the obligations of both the employee and employer. The main responsibilities of the employee is to be just, loyal, competent, and act in the employers best interests. Obligations of employer includes payment of wages, safe workplace, and honest working conditions for the employee. Tort Law Law of N egligence involves unwitting demeanour caus! ing injury or damage to others. The need faults is tack to vexher in the failure of the wrongdoer to take hold of up to the dot of skill or c are required in the tidy sum, as in Crocker v. Sundance northwestern Resorts Ltd . The elements required to establish the suspects negligence are: A) A DUTY TO deed CARE described in Yates, p. 145 as a failure on somebodys part to live up to a...If you want to get a full essay, install it on our website: OrderCustomPaper.com

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