! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify
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Professional Liability There have been many changes in how healthcare is delivered today as opposed to how it was delivered decades ago when our parents were young. Many years ago there was a close relationship between a doctor‚ patient‚ and pharmacist. There was a considerable amount of trust given to the healthcare professional. They took the time and patience to make sure that their patient received the highest quality of care. Today‚ the healthcare industry is not as personable
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Divyang.Chandiramani 1st BA.LLB – B Roll no. 1316165 The Government Of India Act of 1919 Ms.Mukta Mane School of Law‚ Christ University Index Serial no | Topic | Page no‚ | 1 | Research Methodology | 3 | 2 | Government of India Act Of 1919 | 4 | 3 | Bibliography | 9 | Research Methodology: Aim To study the Government of India Act of 1919 with regard to the Montague-Chlemsford reforms. Significance These reforms made huge changes in the executive‚ judiciary and the legislature
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Additionally‚ vicarious liability extends to individual partners as well‚ regardless of their individual culpability. The latter principle of spinoff liability is‚ naturally‚ highly detested among members of the partnership‚ in particular members of professional service firms. Intriguingly‚ the principle of vicarious liability has over time attracted different justifications‚ each with its own strengths and weaknesses. In the context of a partnership‚ two forms of vicarious liability are substantial: the
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Sovereign Immunity 1. Journey of the Doctrine 1.1Pre Constitutional Era 1.2 Post Independence and Constitution of India IX. Sovereign Functions & Non-Sovereign Function X. Critically Analysis of the case 1. Vicarious liability 2. Negligence 3. Violation of Right to Property 4. Misappropriation 5. Case Reference XI. Conclusion…………………………………………………………………………..…….. XII. Bibliography……………………………………………………………………..….……. Introduction “Law is the great
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Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele‚ vicarious liability is defined as an employer being found liable for the tort of his or her employee‚ provided that tort is sufficiently connected with the individual’s employment. On the face of it‚ this definition seems straightforward and clear‚ however you only need to look at the plethora
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The hospital is only responsible for any injury to Mr. Jones as a result of improper care. Dr. Simon did not release Mr. Jones as he felt the patient’s condition might be detrimental to his health and emotional state. He may have felt that Mr. Jones was not stable enough to function outside the hospital‚ due to hallucinations and convulsions. However‚ according to the Joint Commission the hospital and Dr. Simon may be liable if they did not do everything possible to prevent Mr. Jones’ departure from
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Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors‚ recreational users‚ trespassers. A visitor according to the act was: An entrant of right An entrant other than
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Auditor Liability in Canada A & B Is it reasonable for a potential investor or existing shareholder to rely on audited financial statements that a corporation makes available for public consumption? Should an investor be able to sue a corporation’s auditor if audited financial statements materially misrepresent the financial status of the company audited? a. Should a potential investor only be able to sue the corporation? b. Should there be any limit on the auditor’s liability? Negligent
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Definition of Products Liability (PL) Any cause of action having to do w/a product; not a cause of action in and of itself; rather‚ it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant) Theories of Liabilities / Causes of Actions a. Negligence(§ B - pp. 2 - 3) i. Introduction
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