Law of Tort. Majrowski v Guys and St. Thomas NHS Trust. Rylands v Coursework

Law of Tort. Majrowski v Guys and St. Thomas NHS Trust. Rylands v Fletcher - Coursework Example Therefore Ben is at liberty to pursue a claim against X Ltd. in tort for Amir’s harassment provided he can substantiate the requisite elements constituting harassment. The fact that Ben complained to management in the past and after the incident in which he was locked in a store closet will not exempt X Ltd. from liability under the principle of vicarious liability. Despite a formal warning, the harassment continued. The fact is, an employer can be vicariously liable even if the employer is not aware of the harassment leading to psychiatric injury. Since Ben can substantiate harassment for which the employer is vicarious liable under the House of Lords’ interpretation of the Protection from Harassment Act 1997 , Ben will have to prove that the harassment took place in the course of employment. An employer can only be held vicariously liable for the conduct of an employee during the course of employment. In this regard, the Salmond test is instructive. The Salmond test provides that: An employer will be liable not only for a wrongful act of an employee that he has authorized, but also for a wrongful and unauthorised mode of doing some act authorised by the master. 5 It can be inferred that since Ben complained in the past and Amir’s harassment only intensified, X Ltd. authorized the harassment and therefore Ben will be able to meet the definition of the Salmond test. As Lord Millett stated, the Salmond test would act as a guide for applying the law to different facts and circumstances.6 Vicarious liability under the Protection from Harassment Act 1997 broadens the Salmond test in that the employee need only be acting during work hours and in the workplace.7 Moreover, it was established in Jones v Tower Boot Co. Ltd., that the Salmond Test may not be applicable in cases of harassment. The Salmond test may only be applicable in cases where an employee’s tortious conduct is directed toward a third party. However, when the employee’s conduct is d irected toward another employee, the employer will not escape liability. In this regard, the phrase â€Å"in the course of employment† will be interpreted liberally.8 In the final analysis, the test to be applied in establishing vicarious liability, is whether or not the behaviour complained of was such that it had an impact on the victim’s ability to perform his duties. Essentially, what this means is that once the harassment occurs during working hours and more especially in the workplace, the employer will be liable.9 In any event, there is no doubt that the bullying and/or harassment committed by Amir, did have an impact on Ben’s ability to work. He took three weeks off work and upon his return was subjected to further bullying which rendered Ben unable to return to work. Therefore in all the circumstances, Ben has a claim against his employer, X Ltd. for harassment at work under the principles of vicarious liability. B. Amir Section 1 of the Protection from Harassment Act 1997 provides for a new head of civil/tort claims in respect of harassment. Civil/tortious liability will arise when a person embarks upon a â€Å"course of conduct† that â€Å"amounts to harassment of another†. Although harassment is not defined by the 1997 Act, the House of Lords ruled that harassment would include causing anxiety or distress†. In fact, Section 3 of the 1997 Act permits the recovery of damages in respect of anxiety and distress resulting from harassment. Moreover Section 7 (2) provides that harassment includes â€Å"alarming the person or causing the person distress†. Section 7(2) would certainly include the silent telephone calls as well as the false report that Ben’s wife was in the emergency room of the hospital. On the facts of the case for discussion, Ben has certainly suffered what can be described as anxiety or distres

Problems in Education Research Paper Example | Topics and Well Written Essays - 3000 words

Problems in Education - Research Paper Example Statement of the Problem The problem in the United States is that students studying mathematics are far behind those of most other industrialized nations, there are only a few which are the same or worse off than the United States. Thus, the United States has to find a way to improve its overall scores. And back in 1998, the Clinton administration earmarked an additional $25 million over the 1998 U.S. budget to help schools integrate technology into the curriculum and for technology training for teachers. (Chaika, 2006) This allowed for the United States to start the process of possibly catching up to other world powers when it comes to the education of students in the core subjects. Purpose of the Study The purpose of the research for this study is to show that technology can positively affect the learning process of 8th graders in a Tennessee middle school. Furthermore, this study will show whether or not the use of whiteboards improved the scores of the students from the initial p re-test to the post test taken at the end of the observational study. Importance of the Study Since the Clinton administration set aside $25 million back in 1998 to help teachers and school districts across the United States to improve their scores through the use of today’s modern technology. Integrating the technology into the everyday routine for use by a teacher and a student was the Clinton administration’s key to their Education Reform in 1998. The importance of the study will show just how the technology affects the learning through student interaction and through testing of their skills before and after the use of whiteboards are implemented into the classroom. Definition of Terms whiteboard: technological board which can show... The problem statement for this study is that students in the United States studying mathematics are far behind those of most other industrialized nations, there are only a few which are the same or worse off than the United States. Thus, the United States has to find a way to improve its overall scores. And back in 1998, the Clinton administration earmarked an additional $25 million over the 1998 U.S. budget to help schools integrate technology into the curriculum and for technology training for teachers. This allowed for the United States to start the process of possibly catching up to other world powers when it comes to the education of students in the core subjects. Since the Clinton administration set aside $25 million back in 1998 to help teachers and school districts across the United States to improve their scores through the use of today’s modern technology. Integrating the technology into the everyday routine for use by a teacher and a student was the Clinton administ ration’s key to their Education Reform in 1998. The importance of the study will show just how the technology affects the learning through student interaction and through testing of their skills before and after the use of whiteboards are implemented into the classroom. There are multiple procedures used in this research study. This study takes a sample size of 130 students from one particular teacher’s Eighth Grade Mathematics classes within a Tennessee middle school as they use whiteboards for their studies and class interaction. The observational study will collect data from the initial pretest and the concluding posttest. Once the data is collected, it will be analyzed.