Assignment On Compensation Outside Of Contract

Example Of Assignment On Compensation Outside Of Contract

The excavation work was handled by the municipality of Brande, and a fiber network has been installed in the road. excavated down about 1.5 meters. In some spots, the hole was around 1.5 meters in breadth and 3 meters in length. Every night, Lis Hansen, the top technician for the municipality, had to mark the hole with red and white plastic banners and flashing lights to protect himself. Her son phones on November 1st, pleading with Lis Hansen to come home right away to assist with the washing machine's overflowing water.

Assignment On Compensation Outside Of Contract

She failed to block a hole dug for excavation off Hedevej No. 5. Kjeld Jensen passes out when riding on Hedvej the same evening after falling into a hole and losing consciousness. When widow Hvidt discovers Kjeld Jensen in the pit later that evening, at ten o'clock in the evening, she calls for help right away. The same night, widow Hvidt had a heart attack and passes away.

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Basis for Liability

Lis Hansen has taken responsibility for her actions since she left her job and endangered others, but because it happened during business hours and she works for the municipality, objective responsibility applies. Therefore, the accident and the excavation work are the municipality's fault. You may debate whether her actions constitute basic or egregious negligence below, given that she was negligent in forgetting to cover the hole. 

It should have occurred to her that failing to protect the designated hole would be hazardous. However, as Lis was unable to predict damage to Kjeld Jensen, it is also possible to classify it as simple carelessness. She is aware that it might be deadly if the hole is not covered, thus I would classify it as egregious carelessness. This legislation holds the employer accountable for damages resulting from the negligent acts of his workers that take place during business hours. 

The employer does not have to admit guilt since his obligation is objective. As a result, Lis Hansen is both accountable and responsibly for Culpa and the town. If an employee behaves culpably while on the job, with the exception of unusual behavior, the employer is accountable on an objective foundation of culpability.

Once I've shown Lis Hansen's guilt, you may proceed to determine if they have experienced a financial loss. I can do this via the legal process.