indicate that Canconcert had been careless and caused the seating area to collapse. Since Canconcert’s conduct was negligent‚ there is breach of duty. Causation: In establishing necessary condition‚ the ‘but for’ test is satisfied by showing that the incident had a profound effect on Michelle‚ resulting in depression. This satisfies factual causation.
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logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham‚ North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All
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Question 1 Issue: Did Kevin owe Darryl a duty of care? Law: Occupier’s Liability Cases: Hackshaw v Shaw (trespasser case) OR Consolidated Broken Hill Ltd v Edwards (this is the better trespasser case) Issue: Did Kevin breach his duty of care to Darryl? Law: Sections 9(1) and 9(2) Civil Liability Act 2003 (Qld) (CLA) Boulton v Stone‚ Paris v Stepney Borough Council to explain and apply ss 9(1) and 9(2). Sections 13 and 15 CLA (obvious risk and duty to warn) – Application: Kevin breached
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when writing this essay: · Was a crime committed? · Was there any negligence involved in this case? · What laws and rights were violated? · Who should be held liable for the damages (physical and mental)? · Discuss the possible tort liability in this incident. Assault‚ battery‚ infliction of emotional distress‚ and false imprisonment all should be
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Week Four Make-up. Define‚ comment upon‚ and give examples from your eBook Chapter 6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action‚ an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule‚ without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra
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LAWS1061 Notes Introduction Definition of tort law concerns the obligations of persons living a crowded society to respect the safety‚ property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed). Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another. Compensation may not be adequate for damages‚ which an individual has experienced. Needs proof that another
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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Negligence Case Template ! ! To succeed in an action in Negligence: a) a duty of care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree
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from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples. Key elements of negligence: Duty of Care: This element is about the care and concern that every human being with a sound and rational mind should show towards their fellow human beings. Breach of Duty: failing to meet your agreed upon obligations Harm: Causing harm or damage to persons or property Factual Causation: having been proven in court of causing harm and discomfort
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to User) 20 Occupiers Liability for Personal Injury 21 Employers to Employees 22 Road User 22 Parent’s duty to protect 3rd parties from their children 22 School Authorities 23 Prison Authorities 23 Medical Profession 23 Rescuer 23 Legal & Other Professionals 23 (2) Breach of Duty 25 (2.1) Standard of Care 25 (2.2) Breach of standard of care 28 (3) Damage 32 (3.1) Is the damage recognised by law 32 (3.2) Causation in fact 33 (3.3) Scope of Liability / Causation at law / Remoteness 34
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