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Your Justice, Your World
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The car crash. The harm done to Dennis is called 'negligence'. A car driver owes a duty of care to passengers and to other road users, and will be liable for harm done (to persons or property) through their carelessness. No one would doubt that the chairman caused the crash negligently if he was drunk! Although Dennis has himself been drinking, this is a red herring, because his drinking in no way contributed to the crash. Sometimes, agreeing to participate in a dangerous activity with someone will bar a future claim against them if they cause harm. However, in this kind of case, agreeing to accept a lift is unlikely to be taken for agreement to accept the whole risk of harm done by careless driving.

The sacking. Even it were true that Dennis is not up to the job in the same way as he was when he started, that does not mean that the club is entitled to sack him because they can now find no use for him, or because they could get someone better. They must explore ways of helping Dennis to do his job adequately, and treat him fairly in that respect. Dennis here has protection against unfair dismissal since he has been employed for two years.

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