Explain the situations of judicial veil of lifting.
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Explain the situations of judicial veil of lifting.
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- how does the law currently define "undue hardship" with regards to religious accommodation? Is this determination based solely on the business' cost associated with the accommodation?a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifestedMa3. Explain in brief. Sally Henderson is an employee of Good Eats Restaurant. Sally's contract with Good Eats Restaurant states: "Sally Henderson shall ensure the bathrooms and dining room area are reasonably clean during operating hours." Sally's good friend James is also employed by Good Eats Restaurant as a parking attendant, a person who parks customers’ cars. On a very busy night at Good Eats Restaurant, without the authorization of Good Eats Restaurant, Sally decided to help her friend James park cars. Sally injures a customer due to Sally's negligent driving while parking cars. The injured customer sues Sally and Good Eats Restaurant. Is it likely that Good Eats Restaurant will be determined to be liable to the injured customer. BRIEFLY EXPLAIN.
- Please do not give solution in image formate thanku. Catherine Creteau and her husband contracted with a travel agency, Liberty Travel, to arrange a trip to Jamaica.While staying in Jamaica in accommodations arranged by Liberty Travel, they were robbed at gunpoint. The Creteaus alleged that Liberty Travel either knew of safety issues with the accommodations or such information was available to Liberty Travel. What duty did the Creteaus allege their agent had breached?E-Z-Rest Motel is a motel with 216 rooms located in the center of a large city in State Y. It is readily accessible from two interstate highways and three major State highways. The motel advertises in several travel magazines and approximately 40% of its registered guests are from outside of State Y. An action under the Federal Civil Rghts Act has been brought against E-Z-Rest Motel alleging that the motel discriminates on the basis of race and color. The motel contends that the statute cannot be applied to it because it is not engaged in interstate commerce. Can the Federal government regulate this activity under the Commerce Clause? Why? Be sure to explain yourDistinguish the three powers of the state and enumerate their similarities. Give atleast three examples by which these powers are manifested by the state.
- Define agency and explain how an agency by ratification can arise. Illustrate your answer by reference to relevant cases.Jane is fifteen years old. She visited a Grocery (Rip-off) and requested food items, which cost about $100. Jane’s parents are out of town and she is very short on food supplies and as such Rip-off gave to her the much needed groceries. However, when her parents returned home a few days later, they refused to pay for the groceries. They quickly pointed out that Jane is a minor and she does not have any contractual capacity.Is the job exempt or non-exempt under the (FLSA)? Why or why not?Case 1.Harry Phipps, Senior Professional Sales RepresentativeHarry Phipps was employed by K & K Pharmaceutical Company as a senior professional salesrepresentative. Phipps’ position required him to travel across doctors’ offices and hospitals where hepromoted the benefit of K & K’s drug, Provita, to the prescribing doctors. K & K used this method in thehope that when doctors realized the benefit of Provita, they would prescribe the drug for their patients.By law, Phipps could not sell the drug directly to doctors. The company provided Phipps with a list oftarget doctors, and he was expected to complete ten visits per day, and each doctor had to be visited atleast once a quarter. K & K left the itinerary and method of achieving the targets up to Phipps. However,they did provide Phipps with a budget for the visits. He was also given pre-approved visual aids and hadreceived training in basic “marketing”…
- Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.National-Southwire Aluminum Company (NSA) owns and operates a plant that emits fluoride. When its wet scrubbers were turned off as part of its regular maintenance program, NSA discovered no appreciable change in ambient fluoride levels. Because of the expense of operating the scrubbers and its belief that using the scrubbers did not significantly affect ambient fluoride levels, NSA desired to turn the scrubbers off permanently. Accordingly, NSA sought a determination from the Environmental Protection Agency (EPA) that turning off the scrubbers would not constitute a modification requiring the application of new source performance standards to the plant. Turning off the scrubbers would result in an increase of more than 1,100 tons per year of fluoride emissions with no decrease in the emission of any other pollutant. This increase was nearly four hundred times the level the EPA had established as inconsequential. The EPA determined that turning off the scrubbers would constitute a “new…describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court system