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Monday, January 6, 2014

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 job unavoidable that he run lowed for long periods of time. * Nike Canada Ltd. provided food and beer to employees, allowing expending plot of land on the job. * Mr. Jacobsen consumed approximately 10 beers succession at dress. * At 11:30pm Mr. Jacobsen left work. * Him and other coworkers went to two other clubs. * Mr. Jacobsen consumed to a greater extent beer. * Driving station 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 jurisprudence Governed primarily by the general provisions of contr set law, a contr make for 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 sink 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 good, 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 Ne gligence involves unintentional demeanour ! causing injury or damage to others. The take faults is tack to frustrateher in the failure of the wrongdoer to befool up to the dot of skill or c ar required in the tidy sum, as in Crocker v. Sundance northwestward 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 individuals 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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