Assignment3 LEG500

Assignment3 LEG500 - Panumas Tovorakul Employers Duty of...

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Panumas Tovorakul Employer’s Duty of Care Assignment #3 – Employer’s Duty of Care Panumas Tovorakul
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Panumas Tovorakul Employer’s Duty of Care Law, Ethic, and Corporate Governance Professor Lynnette Collins August 7, 2011
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Panumas Tovorakul Employer’s Duty of Care Employer’s Duty of Care 1. Explain whether Jake’s actions are in or out of “his scope of employment.” Generally, an employee owes the employer duties of performance and obedience. And under their duty of performance, there is an implied condition that employees will use reasonable diligence and skill in performing their work. A duty is also imposed on an employee to follow all lawful and clearly stated instructions of the employer. Any deviation from such instruction is a violation of that duty. Whenever instructions are not clearly stated, the employee can fulfill the duty of obedience by acting in good faith and in a manner reasonable under the circumstances Scope of employment is the legal consideration of the various activities which may occur in the performance of a person's job, especially those acts which are reasonable relative to the job description and foreseeable by the employer. (Wikipedia, 2007) In this case, Herman told Jake to do only the free oil change and do nothing else, then that is all that Jake is required to do. But as the certificated mechanic, basic checking is the standard. if Jake abandon the basic check and do exactly what Herman told him , the problem may pose a safety risk of the customers. And that make his actions are reasonable under the circumstances. Jake is acting in of the state instructions of the employer because he did do the oil change which Herman told him to do but for the basic checking is the standard as a certificated mechanic ,so his acts are reasonable under the circumstances. 2. Explain whether or not Herman is responsible for Jake’s injury.
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