Legal issues September 30‚ 2013 Case of Negligence 1. During the day‚ duct tape had been used on the floor near the boundary lines of a badminton court. In the evening‚ a participant playing badminton caught her shoe on the tape and suffered a torn meniscus in her knee. Arthroscopic surgery was required and a lengthy convalescence ensued. The municipality was responsible for cleaning the community center‚ including the gym‚ and knew that the tape had been placed on the floor during the day
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Criminal Liability Essay Criminal liabilities are conditions of being actually or potentially subject to a legal obligation. Liability means legal responsibility for one’s acts or omission‚ also when acts which harms society‚ and which are prosecuted by the government. Sometimes certain negligence can lead to criminal liability. Liability needs to be distinguished from the following concepts: * culpability (purposely‚ knowingly‚ recklessly‚ negligently) - infers intent * capacity
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found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not
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Islands once They were Invaded by the German Army?”. Historians’ studies have diverged on their interpretation of this World War II event. To evaluate England’s extent of negligence‚ the living conditions of the Channel Islanders under German occupation are compared to those of the citizens living on mainland Britain. British negligence is primarily addressed before the invasion of the Channel Islands‚ during occupation‚ and after recapture of the Islands. Diary entries are mostly used to identify the
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3.24 Negligence‚ liability to third parties theory: negligence- any conduct that is careless or unintentional in nature and entails a breach of any contractual duty or duty of care in tort (that is ‚ those who the auditor could reasonable foresee would rely on the auditor’s report)‚ owed to another person or persons. (a) What are the liabilities‚ if any‚ of the auditor? To whom is the auditor liable? The liabilities are that the auditor had failed to detect a significant embezzlement by a
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Questions: 1. Define Negligence or Culpa. 2. What are the kinds of Negligence? 3. What are the successive rights of the creditors to satisfy the claims of his debtors? Answers to Questions: NEGLIGENCE Negligence‚ also known as Culpa‚ is the failure to observe for the protection of the interests of another person‚ that degree of care‚ precaution and vigilance which the circumstances justly demand‚ whereby such other person suffers injury. Negligence can also be defined as: The omission
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Civil Liability Civil Liability can be a problem for almost everyone in ever day life. Civil Liability impacts police officer ever day in their lives and at work. It can be defined as a citizen’s responsibility to each other and provided law suits to recover damages for injured caused by failing to carry out these responsibilities. It also very well can impact more than only police officers but anyone put in the situation to deal with the rights of people. Police Officers must always be aware
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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Reference: http://www.nursefriendly.com/nursing/clinical.cases/040130.htm Extravasation Follows Chemotherapy Administration. Potential Complication or Nursing Negligence Iacano v. St. Peter’s Medical Center‚ 334 N. j. Super. 547 – NJ (2000) Summary: Intravenous therapy has inherent risks and potential complications. When you introduce chemotherapeutic drugs and known vesicants‚ those risks increase dramatically. In this case‚ a known risk‚ extravasation‚ occurred following administration
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