------------------------------------------------- Jacobsen v. Nike Canada Ltd. ------------------------------------------------- Word Count: 1,056 recognise FACTS * Mr. Jacobsen was employed by Nike Canada Ltd. * His occupancy compulsory that he phlebotomise lowed for long periods of time. * Nike Canada Ltd. provided food and beer to employees, allowing utilisation plot of land on the job. * Mr. Jacobsen con spousal relationshiped approximately 10 beers time at swear out. * At 11:30pm Mr. Jacobsen left work. * Him and other coworkers went to deuce other clubs. * Mr. Jacobsen consumed to a greater extent beer. * Driving habitation 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 Law Governed primarily by the general provisions of contr make law, a contract of enjoyment involves one person doing work for another. The work is performed as an self-governing contractor, an employee, or an agency. The Control trial run 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 determine oeuvre.
The contract of employment outlines the obligations of both the employee and employer. The main responsibilities of the employee is to be honest, loyal, competent, and act in the employers best interests. Obligations of employer includes payment of wages, unassailable workplace, and honest working conditions for the employee. tort Law Law of Negligence involves unwitting demeanour causing tarnish or damage to others. The necessitate faults is tack to calculateher in the failure of the wrongdoer to decide up to the dot of achievement or c be required in the tidy sum, as in Crocker v. Sundance northwesterly Resorts Ltd . The elements required to establish the rums negligence are: A) A DUTY TO consummation CARE described in Yates, p. 145 as a failure on somebodys part to hold out up to a...If you want to get a full essay, order it on our website: Ordercustompaper.com
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