4. Law: Common & Private Carriers, Employer & Agent, Employer & Employee | Law of Obligations Flashcards
A common carrier is defined as?
a person who:
- transports people or commodities for hire & reward
- offers their services to anyone who chooses to pay a fee for their services
- who’s service involves multiple deliveries for multiple customers
A private carrier is defined as?
a person who:
- transports people or commodities occasionally or in a specific situation
- does not make it their full time vocation
- does not offer themselves to anyone within in public
An employer’s agent is?
a person acting on behalf of the employer, as a contract administrator to gain new clients
An employer has what power over its employees?
how an employee carries out their duties
An employer is generally liable for?
- an employees actions
2. any harm or damage that may be caused by the employee during working hours
The 3 main pillars of the “Law of Obligations” are?
- Tort
- Contracts
- Unjust Enrichment
What is a tort
a wrongful act committed by one individual against another individual
intentional or unintentional
resulting in loss, damages or injury
Examples of a tort where a person has suffered loss, damages or injury are
Assault / Battery / Fraud / Negligence / Nuisance / Slander / Trespass
What type of law does a tort go under
they are under civil civil not under criminal law
What do torts specifically exclude
contract infringement’s
Unjust enrichment occurs when?
one person is enriched at the expense of another in a way that the law deems as unfair and unjust
What does the law say the recipient of unfair enrichment do?
they must make restitution (compensation for loss, damage or injury) to the victim