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Wednesday, February 20, 2013

Jacobsen V Nike Canada Ltd.

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Jacobsen v. Nike Canada Ltd.
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Word Count: 1,056

KEY FACTS
* Mr. Jacobsen was employed by Nike Canada Ltd.
* His occupancy required that he run lowed for long periods of time.
* Nike Canada Ltd. provided food and beer to employees, allowing consumption plot of land on the job.
* Mr. Jacobsen consumed approximately 10 beers while at work.
* 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 home Mr. Jacobsen was involved in a single-vehicle accident.
* He was seriously injured 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 set law, a contract 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 determine 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 honest, 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 Negligence involves unintentional demeanour causing injury or damage to others. The required faults is tack together in the failure of the wrongdoer to watch up to the dot of skill or care required in the tidy sum, as in Crocker v. Sundance Northwest 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 someones 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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