INTRODUCTION Donoghue v. Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland on Sunday evening on 26th August 1928‚ when Ms May Donoghue (Appellant) was given a bottle of ginger beer‚ purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass‚ Donoghue was not aware of the snail
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1.0 Introduction Paramedics have a legal duty of care towards their patients (Eburn‚ 2013). When Paramedics implement care for their patients it is important that they consider the four bioethical principles of autonomy‚ beneficence‚ non-maleficence and justice as these principles are considered to be a fundamental moral analytical framework within healthcare (Gillon‚ 1994). This essay aims to provide a retrospective analysis into the Coroner’s Inquest of Nola Walker (NW) following a motor vehicle
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compensation if they’re hurt due to someone else’s negligence‚ but there are many other torts that can lead to a personal injury suit. Vincent Criscuolo & Associates‚ a Rochester personal injury attorney committed to helping injured people get the compensation they deserve‚ explains some of the other common torts‚ as well as the defenses insurance companies and defendants might use to defeat a claim. Common Torts Intentional torts are circumstances in which an individual intended to cause actual harm to the
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state’s laws was simply not a certainty upon which a citizen could rely. In the early most attempts at tort reform in the State of Texas‚ a well-respected University of Texas Law School professor was asked to spearhead a commission and make recommendations on how to fix the those judicial inequalities.
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Duty of Care: GELERAL Week 2::Seminar 2 This concept is based on three proof of elements‚ its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty‚ Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct. Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what
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Introduction to Occupier’s Liability in Singapore Occupier’s liability refers to the liability of an occupier of premises arising from the defective conditions or unsafe activities on the premises which result in injury or damage to the plaintiff. In Industrial Commercial Bank v Tan Swa Eng His Honour Lai Kew Chai J rightly held that “the law of occupiers’ liability in Singapore is derived from English common law”. However‚ statues on occupier’s liability in the England are not applicable to
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TASK 3(P6‚ M2‚ D2) A. Explain the effects of legislation to protect consumer on contract for the sale of goods. The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulate contract in which supplies are bought and sold. The Act consolidates the Sale of Goods Act 1893 and following legislation‚ which in twist consolidate the previous ordinary law. The Act lays downward a small number of required legal rules‚ but these limits are least: the size of the Act is concerned
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Student Safety and University Liability Case Analysis U10a1 Introduction Student safety and University liability are major issues of concern for all institutions of higher education. In many instances‚ students and parents allege institutional liability for injuries or character defamation that result from negligent student behaviors‚ on and off campus. Then‚ there are the instances in which a party‚ other than a student‚ is at fault. Each of the cases presented below represent a variation of
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PRESENTATION ON CASE. Paul‚ a contractor‚ owned a corner shop where he ran a news agent stand and a tobacconist business. Neil advertised the business and premises for sale. Having seen the advertisement‚ Jenny visited the premises from which she lived 20 minutes away and was told by Paul that the purchase would be the best bargain in town and that the profits were 40‚000 pounds per annum‚ and that if she didn’t believe him she should look at the accounts which she declined but had she done so
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Is there a need for a doctrine of unconscionability The doctrine of unconscionability prevents a contracting party from exploiting their full contracting rights when the courts feel that it is inequitable for them to do so. This essay shall examine the juristic basis of unconscionability with reference to the basic principles expounded in the classic case of Fry v Lane. It will conclude that there is no need for a doctrine of unconscionability because most of these cases can be explained on the
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