Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
Introduction In a conflict of law case, a court is expected to address three basic issues: Determining the presence judicial jurisdiction Determining the applicable law to solve the dispute Determining whether a foreign judgment should be given recognition by domestic courts Before these three issues are addressed, the court is primarily tasked with determining whether the case is really a conflict of law case or not? So, how does a case become a conflict of law case? A short to the question is that it becomes a conflict of law case, it contains a foreign element. What then is a foreign element? “When a case is said to contain a foreign element, the reference(s) may be of three natures __ personal, local, or material __ in that, respectively illustrated, if one of the parties of the case is a foreigner (including one from another federating unit) or the transaction of any nature took place, totally or partially, abroad (outside the forum state) or, fi...