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- Question 4 (a) To succeed in a negligence action, a plaintiff must establish (amongst other things) that there is a standard of care owed by the defendant. The ‘standard of care’ always depends on ‘what a reasonable person would do by way of response to the risk.’ How would this apply in an employer-employee relationship? Provide an example of a ‘standard of care’ in these circumstances and how this reasonable person test can be utilized by the courts in your explanation. (b) Explain what is a trade mark? In your view, can the protection afforded by trade marks be open to misuse? Critically analyze. Provide an example in your discussion.Contract for service leads to Question 5Answer a. Bonus payment under contract when work is satisfactorily concluded b. Away from work, yet timely deliverables of outcomes c. Contract engagement d. Tenureship or permanent employment, subject to the laws of separationQUESTION 3 A maximum age limit for airline pilots for safety reasons is an example of _____. a. adverse action b. Bona fide occupational qualification c. age discrimination d. retaliation e. pay inequity
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