Bennett Carroll Solicitors
Solicitors in Brisbane

The suitable question to question is whether the worker is an employee or an autonomous contractor. An employer is liable for the conduct of an employee committed in the course of employment. If the person who committed the liability was an independent contractor and not an employee, then the employer will not be vicariously likely for that conduct unless a nondelegable duty exists. The person who employs an self-reliant contractor will only be liable for that contractor’s conduct if the employer owed a personal duty of protection to the victim and that duty was a nondelegable duty of care. Where there is no nondelegable duty, an employer is not probable for the conduct of an independent contractor, even if that party was undertaking duties for the employer. Where an employee is lent by one employer to another employer, the company who retains oversee will be vicariously liable. If it is established that the person who committed the act was an employee then the next question to be addressed is whether the act was committed in the course of Fisher employment. If the employee is engaged on employer business and on personal business at the identical time, the employer may calm be liable. For a more thorough consideration of this complex area of law, or if you would like to know whether you are an employee or an self-reliant contractor, make an appointment to speak with one of our experts about your position and rights. The relationship between life tenants and persons with a vested interest as remainder can be quite complex, so let’s use some examples. Elective waste is a definite act of injury to the property. The granter uses personal property to secure lending, business assets as security for lending (example given is that of firm and floating charge), title detentions (leasehold rather than freehold), or leases personal property for extended periods of time (Be cars, equipment). Your approach to the contract negotiation process will depend upon a range of variables, some of which will be beyond your control. Obviously, the buyer’s attitude approach and priorities, will have a major effect on how the negotiation proceeds, how far it gets, which contract variables are altered or conceded, and ultimately whether you get a deal at all. Your broker (if you have chosen the broker well), should have been conditioning the buyer, and attempting to set expectations, throughout the purchase introduction process. The broker should also be assisting you with: The broker quite literally and legitimately, is your agent, and, if he or she wants a commission, must act in you interest to get a contract together. The broker is also (or should be), a adept negotiator, focused completely on the sale deal. The character, personality and approach of the buyer is a major variable in the contract negotiation process. Some of the styles of negotiation which are often seen are as follows: This is the buyer who displays a what you see is what you get approach. Some buyers will make an offer and then go silent. An agent should consider if there is any personal interest in the matter which might conflict with the duty owed to the calculated principal and, if so, he or she should decline to act as agent without the fully informed consent of the principal 3. It is the duty of the agent to make full disclosure to both the buyer and seller of an intention to act for, and receive payment from, the other party.