Wednesday, June 5, 2019
Employment Agencies Must Know About Contract and Negligence
Employment Agencies Must Know About Contract and disuse worldBefore a condescension launch its ideas (product/services) with in an environment both locally and or internationally, one must understand the legal environment that governs that place. This depart eliminate conflicts of interest. With the understanding and knowledge of business law, opportunities, and potential benefits it will bridge the gap of the unknown. Furthermore, when purchasing a business, it is also important to understand the legal ramifications as it relates to the region in which that business will be operating and as it pertains to the temperament of interaction and relationship with the local people. There are basically both types of business relationships (i) Formal and (ii) Informal. This report will be focused on formal relationship betwixt employer and employee relative to the legal aspects of Contract and Negligence in operating an use of goods and services sureness. Business law though generall y similar across the globe, will have subtle variations of interpretation and legal structure, which are unremarkably dictated by regional norms. Since the business acquired is an employment agency, the report will addressing both(prenominal) of the germane(predicate) aspects of Contract and Negligence for this employment agency business as applicable by the local rule of law. More specifically, this Business Law Report aims to feature the essential elements of a valid and binding contract, types of contracts and terms, the tort of inattention and the principles of liability with respect to the operations of an employment agency. This qualitative research will combine research, analysis, solution integrated approaches to business problems from a legal perspective.Hitlers employment agency is a small partnership business that deals with hiring of pupils. The research proposal includes a description of Hitlers employment agency tolerateground, the purpose, literature review, the objectives after acquisition, methodology of analysis, and the limitations of the study. The potential wedge of the study could influence the perception of the investors.Project backgroundThe business acquired is an employment agency. The report will address some of the relevant aspects of Contract and Negligence for this employment agency business as applicable by the local rule of law. However this will help the business in making legal decision, nature of liabilities, different types of business decision and terms of contracts. The unknown of the legal system environment the business is operating in can result law suits if non operated in the law of the land.Hitlers employment agency is a small partnership business that deals with hiring of pupils. The company is partnership, managed by four friend. The company was formed in 2001. As a results, the main goal of Hitlers employment agency has been focused on creating more demand for their services while expand operations in earl y(a) parishes of the island. The group of investors purchasing Hitlers employment agency believes there is an opportunity.K.C Deorgins is a consultant Firm. The firm analyzes existing and start-up businesses, create solutions to problems, and help small businesses to develop efficient plans for brush their goals. K.C Deorgins have been in business since 2000, it was started by four college friends that recognize that small businesses in the Kingston area never survive more than a course and wanted to find the underline problem of the cause of this continuous occurrence. In 2006, K.C Deorgins branch out in St.Thomas, St.James, St. Elizabeth and St.Catherine. After the branches were open business that the K.C Deorgins help business strive to an otherwise level and survive even in the country bad economy downfall.PurposeTo set out the relevant aspects of Contract and Negligence for an employment agencyObjectiveTo identify the essential contents of a ContractTo apply the elements of a Contract in a business emplacementTo outline the elements of Negligence relative to Law of TortTo illustrate the principles of Liability in NegligenceLiterature ReviewEmployment agencies have a contractual relationship with prospective employees, which compels the agency to act in the best interests of the applicants. So in the normal course of business, an employment agencys failure, to (i) foresee some danger to their applicants and (ii) in its ability to exercise some control over which employers it makes available to the applicants, will make the employment agency liable for damages. In other words, the employment agency will be liable for negligence if it fails to exercise the duty of care. As such, according to UsLegal.com, the basis of liability under the doctrine of inattentive hiring is the masters own negligence in hiring or retaining in his employ an incompetent servant whom the master knows, or by the exercise of apt care should have known, was incompetent or unfit, thereby creating an unreasonable risk of harm to others.Hence ultimately the employment agency owes a duty to its inventorying of employees and to the general public to ascertain the qualifications and competence of the potential employee applicants it hires, especially where employees are engaged in occupations that require skill or experience and where there could be a hazard to the safety of others. It therefore goes without saying that due to the nature of the contractual agreements involve with operating an employment agency, it is imperative that operators of such an establishment be aware of the legal concepts of liability in order to ensure that negligent risk is minimized and contractual agreements are not in breach between employer and employee. The formal relationship between employer and employee relative to the legal aspects of Contract and Negligence, as noted by reviewed literature, is of paramount concern when conducting the of an employment agency.MethodologyTo set the relevant aspects of Contract and Negligence for an employment agency. The qualitative study will seek to find out the problems surrounding business law and also the opportunities and potential benefits of beingness knowledgeable about business law as it relates to the new business enterprise. Secondary bug of information will be employed from websites and journals. Secondary source of information is gathered information from other individual who did an in-dept research about a particular topic. This type of information is usually factual but sometimes is tainted by the subjectivity of the tec or author. The limitation of secondary source is that the information is not been updated. With the information collected twenty years back would not necessarily apply to the same issue of solving a problem as technologies has evolve over the years that even has forensic evidence. It is this researcher opinion that primary sources will not be of any benefit to this business law report.Re ferencesUSLEGAL.COM. 2014. Liability of Employment Agencies for Negligence or Violation of decree See more at http//employmentagencies.uslegal.com/liability/sthash.zqo0UYtL.pa7Y2v6I.dpuf. ONLINE Available at http//employmentagencies.uslegal.com/liability/sthash.zqo0UYtL.dpuf. Accessed 12 March 14.StudyMode.com . 2014.Aspect of Contract Negligence in Business. ONLINE Available athttp//www.studymode.com/course-notes/Aspect-Of-Contract-Negligence-In-1953205.html. Accessed 14 March 14.BLACK, H C B, 1968.BLACKS LAW DICTIONARY. 4th ed. ST. PAUL, MINN. WEST PUBLISHING CO.e-lawresources.co.uk. 2014.Contract law. ONLINE Available athttp//www.e-lawresources.co.uk/Contract.php. Accessed 14 March 14.LAW.COM. 2014.Search Legal Terms and Definitions. ONLINE Available athttp//dictionary.law.com/Default.aspx?letter=T. Accessed 14 March 14.kaunainassaria. 2013.Aspects of Contracts and Negligence in Business. ONLINE Available athttp//www.studymode.com/essays/Aspects-Of-Contracts-And-Negligence-In -1635053.html. Accessed 14 March 14.