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For instance, the Anastasia Sissies should have been employed under the contract law with McDonald’s. The McDonald’s also have a contract with the company’s Meyer Centre which means that the centre provide the space to McDonald’s to run their business while the McDonald’s must follow the rules of the center’s management and should also take the responsibilities for centre. The detailed rights and duties were created by contract. Tort Law Tort law is the rules of liability for harm caused by one person to another or other’s reporter (Lamberts, 2012).
There is a perspective in this case which related to Tort Law. Anastasia Sissies slipped and injured her neck, lower back buttocks and has also suffered headaches and psychological injuries which have effected her ability to lead a normal life and return to full employment. However it is not caused by one person, it claim that the main reason that Anastasia Sissies slipped is caused by the poor manage and bad system of the McDonald’s. As a result, the company should take the responsibility for her harms. Corporations Law McDonald’s as well as Meyer Centre is a corporation.
The creation, organization and administration of their business are issues of corporations law (Lamberts, 2012). As a centre, Meyer should have a good organization on their business because there are so many companies in the centre which ask the centre should provide a completed system to manage them. On the other hand, McDonald’s also should organize their branch in a mast way that they need not only follow their own rules but also need have the duty on centre. It is important obligation for McDonald’s. ) Find examples in the report of how the law does the following thing: 1.
Allows people to organism and plan with reasonable certainty. The contracts between Anastasia Sissies and McDonald’s as well as between McDonald’s and Meyer Centre provide more examples. McDonald’s should provide the training and provide the benefits to their employees. Anastasia Sissies should also follow the contract to make sure her duties and rights. Meyer Centre could ascertain with reasonable certainty the business they had for trading. The centre could organism their investments and plan possible future returns. Lays down rights, duties and powers of members of different classes and a group. In this case, Anastasia Sissies alleged that the liquid was in the walkway as a of the hazard. She also suing that staffs in the centre were not be provided trained and there was no system of inspection in the centre. While, both defendants are denying the claim that McDonald’s saying the spill was obvious and that Ms Sissies was not wearing proper footwear. The company also claims the accident was caused solely by Ms Sissies’ own carelessness because she did not keep a proper lookout.
All he rights and duties for both companies and Anastasia Sissies should have agreements under the contract. 3. Permits, encourages, forbids or discourages particular activities The Anastasia Sissies prosecution provides the best illustration of this function of law. It is alleged that the liquid was in the walkway as a result of negligence by McDonald’s staff and that both defendants failed to warn her of the hazard. She also said staffs in the centre were not adequately trained in deal with this problem and there was no system of inspection. The law encourages people to use their right. Creates rights and duties that can be enforced and provides remedies when rights are interfered with or duties are not discharged Tort law in this case provide an excellent example. According to tort law, the company should have the duty to pay the compensation for Anastasia Sissies injured. It is important for all members to know the law. All members should BRB aware of their rights and duties. In this case, all of them need know the contract law well, because all agreement would be written in their contract. The contract could tell the duties and what they need to do such as roved the training, wear proper clothes during the work. ) By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage? Members in the case should be not only aware of what they can do but also what they cannot do. However, ignorance of the law is no excuse. Knowledge of the law will allow people to act (or not act) with an understanding of the possible consequences our actions may have under law.
In this report, Anastasia Sissies use her right to suing the McDonald’s provide a good example for the people that getting knowledge of the law allows us to understand our rights and duties as members of society. More significantly, it enables people to know that as a member may have access to legal remedies when our rights are interfered with or the duties we should have are not discharged. With knowledge of the law, no matter how is final result of this case, employees in McDonald’s would appreciate their right to get the benefits in the future. D)