The Law of Master and ServantF. Warne, 1881 - 176 pages |
From inside the book
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Page 12
... trade are generally invalid : that servants may sometimes be partners or tenants , and that in certain employments customs exist which regulate the contract of hiring . THE relation between master and servant can only be created by what ...
... trade are generally invalid : that servants may sometimes be partners or tenants , and that in certain employments customs exist which regulate the contract of hiring . THE relation between master and servant can only be created by what ...
Page 13
... grant damages against the defaulter , is that the master shall teach the apprentice his trade , whereas the primary object of the contract between the master and servant is that the servant shall work for THE HIRING . 13.
... grant damages against the defaulter , is that the master shall teach the apprentice his trade , whereas the primary object of the contract between the master and servant is that the servant shall work for THE HIRING . 13.
Page 14
... trade . Another difference between an apprentice and servant is that the latter may be dismissed for misconduct , while the former may not in general be so dismissed ; and , again , a master is bound to provide medical aid for his ...
... trade . Another difference between an apprentice and servant is that the latter may be dismissed for misconduct , while the former may not in general be so dismissed ; and , again , a master is bound to provide medical aid for his ...
Page 15
... trade , and thus the contract was not one - sided or unjust , for something was to be done on each side . : If an agreement is founded upon a condition , that condition must be got rid of before the contract can be perfected or enforced ...
... trade , and thus the contract was not one - sided or unjust , for something was to be done on each side . : If an agreement is founded upon a condition , that condition must be got rid of before the contract can be perfected or enforced ...
Page 17
... trade ; but on the other hand reasonable agreements for the partial restraint of trade have been always held to be valid . It is said that the rule is that not only are total restraints of trade absolutely bad , but that all restraints ...
... trade ; but on the other hand reasonable agreements for the partial restraint of trade have been always held to be valid . It is said that the rule is that not only are total restraints of trade absolutely bad , but that all restraints ...
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Common terms and phrases
accident Act of Parliament action for damages agent agreed agreement amount apprentice arising articled clerk authority bankrupt bankruptcy bind bring an action carriage caused character child claim coachman colliery owners contract of hiring contract of service custom death defect defendant discharged dismissed domestic servants duty embezzlement employed employer employment engaged entered entitled factory FAIR BARBARIAN fcap female servant gangmaster give given governesses guilty happens horse husband implied instance labour leave legacy legal personal representatives liable to pay malice manual labour master and servant master is liable master or mistress master's credit master's service ment month's wages months negligence notice orders paid party payment perform plaintiff prove put an end railway reason received recover refused remedy respect restraint of trade rule Saturday serve superintendence term third person trade tradesman tutor unless verbal warranty wife woman words workman wrong young person
Popular passages
Page 167 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post...
Page 164 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 19 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 112 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any person entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer nor engaged in his work.
Page 148 - And the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 164 - In any case where the workman knew of the defect or negligence which caused his injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer or some person superior to himself in the service of the employer, unless he was aware that the employer or such superior already knew of the said defect or negligence.
Page 108 - The expression workman does not include a domestic or menial servant, but, save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour...
Page 111 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 165 - An action for the recovery under this Act of compensation for an injury shall not be maintainable unless notice that injury has been sustained is given within six weeks and the action is commenced within six months from the occurrence of the accident causing the injury...
Page 166 - ... assessors may be appointed for the purpose of ascertaining the amount of compensation. (3.) For the purpose of regulating the conditions and mode of appointment and remuneration of such" assessors, and all matters of procedure relating to their duties, and also for the purpose of consolidating any actions under this Act in a county court, and otherwise preventing multiplicity of such actions, rules and regulations may be made, varied, and repealed from time to time in the same manner as rules...