Law Essay Example | Topics and Well Written Essays - 1250 words - 5

Law - Essay Example This is the tort of omission of a lawful act or failure to perform a legal duty without malicious intent, which causes damage. It is failure to do something that you were legally supposed to do without the intention of harming. Nells act of sleeping was not ill intentioned since she had started doing so only when cafe was not busy. She failed to be in the cafe available to serve any customers who came in. As a result, customers could be coming in and leave when they fail to be served making the business lose sales. Incase Nell took the case to a court of law then the cafe owner would have to prove that this act actually caused harm to the business and to him too (Emerson 2009). The cafe owner may also urge on the grounds that the act was a dereliction of duty by the employee. That is failure to conform to the rules and regulation of the work place, failure to perform their duties assigned in a satisfactory manner. In his case, Marvin would have to produce as evidence a copy written rules and regulations that govern the conduct of employees at the cafe. She would also have to give evidence that every employee has access to the said rules and regulation, and they were not unavailable to them (Blum 2007). The regulation should have clear and explicit statement on the cause of action in case sleeping during work hours and being in a different location of the work premises other than the assigned duty station. Marvin would also have to provide a copy of the contract signed by Nell during her recruitment giving the conditions for relieve of duty. It should explicitly state the cause of action as a result of sleeping during work and the mode of communication used to imply the cause taken by the employer of the employee. Nell can on her side sue the employer for compensation for the loss of income and the psychological impacts of being dismissed by her employer without prior notice. She can also claim for her benefit after