Negligence Paper Elizabeth Ruelas HCS 478 January 10‚ 2012 Shawishi T. Haynes Negligence Paper Negligence‚ gross negligence‚ and malpractice are terms that healthcare professionals fear being involved in. We have healthcare laws and policies that guide each healthcare practice. In today’s litigious society‚ we see healthcare lawsuits that are wrongfully filled‚ some that are not valid‚ and some unjustly settled cases. Yet there are some situations where a lawsuit should have definitely
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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Product Liability Law Outline I. Introduction Imagine getting the same old dog or cat food for your pet that you always get and all of a sudden your pet gets sick and dies. Is this a case that can be filed against the business you bought the food from‚ the company that made the food‚ or both? Should companies be held accountable to a higher degree? II. Definition of Product Liability Business Law: The Ethical‚ Global‚ and E-Commerce Environment
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How does the law justify imposing strict liability for some criminal offences? ‘actus non facit nise men sit rea’ means an act alone cannot constitute guilt without the proof of a guilty mind‚ for most criminal cases. Strict Liability is the legal responsibility for injury or damages even if the person was not at fault or negligent; this contradicts the above Latin maxim as it places sole responsibility upon a defendant without the proof of ‘mens rea.’ Strict liability is a topic that has both its
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Bernadette Lowe Grantham University BA 260 – Business Law I October 15‚ 2014 Negligence Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10‚000 in injuries. Prior to the fall‚ the janitor had buffed the floor. The janitor had an IQ of 70. Normally‚ the janitor was closely supervised. However‚ today his manager was extremely tired‚ and the manager didn’t notice that the janitor had carelessly used
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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2009 Criminal Law- 2 Essay on Strict Liability Crimes Having no element for Mens Rea‚ consequently permits punishment on those that may be blameless to a crime. With that fact‚ there is definitely a wide range of controversial pro’s and con’s. I personally am unbiased either way regarding this topic‚ for any and all concerns I feel are legitimate. What I will set forth here is unbiased opinion and facts to all pro’s and con’s
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PROFESSIONAL NEGLIGENCE THE CHANGING COASTLINE OF LIABILITY John L. Powell Q.C. Even the briefest acquaintance with the world’s major financial centres‚ and especially Hong Kong‚ London or New York‚ immediately confirms that we live in world dominated by professionals. The magnificent multi-storey edifices adorning the shores of this and similar cities are the castles and palaces of the present age‚ proclaiming the influence and power of professionals
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Tort of Negligence Damage and Injury In order for a claim of tortuous liability in negligence to be actionable‚ primarily‚ certain fundamental pre-requisites need to be established in each case respectively. The requirements of the modern tort of negligence were stated by Lord Wright in‚ Lochgelly and Coal Co ltd v McMullan‚ as being‚ i) the existence of a duty of care owed by the defendant to the claimant; ii) a breach of that duty; iii) damage or injury caused by that breach of duty. Each aforesaid
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