Table of Contents
1. Negligence law
2. Agency law
Knowledge and application of relevant law assists in analysing a situation and solving its proper excellence. Besides, the methodology of research helps in the collection of relevant sources related to the literature for solving the desired issue. The study below will be presenting a brief analysis of two different situations with the help of different laws relevant to the situation. Besides, the methodological approaches will also be described in the study based on the presented literature used within the cases.
Research methodology helps in the analysis of the research sources for gaining desired literature for the research. The research question in these criteria involves the identification of duty of care to Jack’s parent by the employer of Jack due to his death. The current sources of research involve relevant case laws suitable to the laws of negligence. As per the statement of Levmore (2019), relevant case laws serve as the primary sources of the research. On the other hand, for secondary sources, data from the relevant academic text have been used. As depicted by Keren-Paz (2019), information from academic sources can be reliable and can result in a fruitful outcome. Together, both the sources have been effective in identifying the relevant laws and solution for the research questions.
The law of Negligence and Limitation of Liability Act 2008 implies three basic aspects including breach, duty and harm caused proximately (Australian Government, 2020). In this respect, the duty of care is one of the most important aspects to be performed by an employer. Principles that seem to underlie the duty of care involves safe practices adopted by the employer along with the addressing the dilemmas arising between the rights of the individuals and duty care, and handling incidents, errors and others things (Makela, 2020). As per the mentioned activities, the law of duty if care tends to reflect on the safety premises of the employee. However, breach of the depicted duty of care seems to be categorised as the negligence from the side of the employee. Hence, the employer is responsible for the harm that is caused to the employee physically or mentally.
From the presented case study it can be analysed that Jack a former employee of a cattle station was severely harmed leading to death while serving for the company. Analysing the situation of Jack it can be depicted that the employer of jack fails to maintain a proper safety situation for jack. The reasons evolving Jack death includes creaking down of Jack's car along with the running of battery. However, as illustrated by Hildebrandt (2016), low safety equipment in terms of maintaining the broken lead Jack to face the consequences of it. Hence, it reveals a neglected duty of care because the principles of duty of care depict maintaining the safety aspects of the employees. Jack's employer failing to provide proper safety equipment in terms of car repairing leads to the death of Jack. Hence, there is clear negligence of duty if care from the side of the jack's employees. In the presence of Jack's parent, the employer of Jack owes Jack's parent duty of care in Jack's absence. Besides, the case laws formerly state the owner of the station as guilty of negligence of Jack's situation.
The main research question in these criteria involves the liability of the company developed by Tina and Susie in the payment of the architecture fees. The research methods that seem to be involved with the current research include primary as well as secondary sources. Identification of the relevant laws have been the primary sources of this research along with the identification of relevant articles from different online sources have been the secondary sources of the research. As per the statement of Metzger & Stack (2016), proper analysis of the research sources forms an effective way of identification of the relevant laws and articles that can contribute to the proper research outcomes.
Agency law tends to depict certain authorities of the agents involved with the business (Arts Law, 2020). In addition to this, it also helps in binding the agents with some sorts of principles that help in the proper functioning of the agents within the business. However, there are certain authorities that are being comprised by the agents. It involves Expresses actual authority, implied actual authority, and Ostensible Authority (Arts Law, 2020). Besides, as per the agency agreement, the agents within a company are liable for appointing relevant individual that will be acting on the behalf of them. Hence, agency law to manage the several aspects of the business and function properly.
Based on the presented case study it can be analysed that Tina, who has been acting as the managing director of the company was not formally appointed to the position of it. In this respect, as per Dimitriu (2017), the formal application involves the legal authority of that position to that person. However, Tina seems to appoint a group of the architect within the business based on the position that she was not formally appointed. In this respect, as per the Agency law, the hiring of the architect was not legal. Therefore, the company is not liable to pay anything to the group of architect and the claim can be falsified considering the current position of the company within the market along with the current position of Tina within the company.
Analysing the above-mentioned criteria it can be stated that research methodology plays a crucial role in the identification of the relevant sources of information for the research. Other than that identification of the relevant laws also helps in the proper analysis of the research cases and derives a suitable outcome. However, the law of negligence along with agency law tends to be analysing the different situation within a business. Hence, with the proper address of the laws, the questions of the research seem to be producing a viable outcome.
Arts Law, (2020). Agency agreements, Arts Law. Retrieved on 26 April 2020, from: https://www.artslaw.com.au/information-sheet/agency-agreements/
Australian Government, (2020). LAW OF NEGLIGENCE AND LIMITATION OF LIABILITY ACT 2008, Australian Government. Retrieved on 26 April 2020, from: https://www.legislation.gov.au/Details/C2016Q00058
Dimitriu, C. (2017). Agency law and odious debts. Ethics & Global Politics, 10(1), 77-97. Retrieved on 26 April 2020, from: https://www.tandfonline.com/doi/pdf/10.1080/16544951.2017.1389220
Hildebrandt, M. (2016). Law as Information in the Era of Data‐Driven Agency. The Modern Law Review, 79(1), 1-30. Retrieved on 26 April 2020, from: http://www.law.nyu.edu/sites/default/files/upload_documents/Hildebrandt-Law%20as%20Information%20in%20the%20Era%20of%20Data-Driven%20Agency.pdf
Keren-Paz, T. (2019). Gender injustice in compensating injury to autonomy in English and Singaporean Negligence Law. Feminist Legal Studies, 27(1), 33-55. Retrieved on 26 April 2020, from: https://link.springer.com/article/10.1007/s10691-018-9390-3
Levmore, S. (2019). Richard Posner, the Decline of the Common Law, and the Negligence Principle. The University of Chicago Law Review, 86, 1137-1156.
Makela, M., (2020). Duty of Care, Go to court. Retrieved on 26 April 2020, from: https://www.gotocourt.com.au/civil-law/vic/duty-of-care/
Metzger, G. E., & Stack, K. M. (2016). Internal Administrative Law. Mich. L. Rev., 115, 1239. Retrieved on 26 April 2020, from: http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1664&context=mlr
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