Reasonable person Essays & Research Papers

Best Reasonable person Essays

  • Breach of the Duty of Care - 758 Words
    Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable...
    758 Words | 5 Pages
  • 304 Principles Of Implementing Duty Of
     UNIT 304. PRINCIPLES FOR IMPLEMENTING DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTINGS UNIT 304. PRINCIPLES FOR IMPLEMENTING DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTINGS 1. Explain what it means to have a duty of care in own work role Duty of care is a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances...
    928 Words | 4 Pages
  • Assignment By Gavin Weng Print Version
    Assignment Lecturer: Jessica Pereira Name: Minghui Weng Monash ID: 24918814 Q: Can Elsie take action against The Promenade’s management? The issue is whether a customer can take action against the property owner for negligence. If the case satisfies the duty of care owed, the breach of standard of care and the damage simultaneously, Elsie can sue the Promenade’s management for negligence. As is was explained in Donoghue v Stevenson 1, if the Elsie would closely and directly affected by the...
    1,357 Words | 4 Pages
  • Director Duties Company Law
    Achem Pte Ltd (Achem) was in the business of trading in industrial chemicals. The company was founded by Heng and Tan. Both were directors and shareholders of the company. Other than Heng and Tan, the other shareholders include Heng’s and Tan’s relatives and some of these relatives were also employees of Achem. Employee turnover was low and every employee was treated as part of one big family. After several years, Tan decided to sell his 55% stake in Achem to Union Pte Ltd (Union) because...
    4,462 Words | 14 Pages
  • All Reasonable person Essays

  • SECTION 4 - 1709 Words
    TASK 1 As an experienced care worker you have been asked to mentor a new care worker. You plan to use a supervision session to explain about the duty of care and how this helps to protect individuals from harm and abuse. 1. Prepare a set of notes to help you in this supervision session. In these notes, you must include an explanation of: What is meant by duty of care? Health and social care organisations have what is called a duty of care towards the people they look after. That means that...
    1,709 Words | 5 Pages
  • Principles for Implementing Duty of Care in Health Social Care or Childrens and Young Peoples Settings
    |Assignment 055 Principles for Implementing Duty of Care in Health, Social Care or Children’s and Young People’s Settings | | | |Task A | |1 |What does duty of care mean in children and young people settings? | | |Duty of care can be defined as "an obligation, recognised by law, to avoid conduct fraught with...
    1,241 Words | 5 Pages
  • 4222 204 Duty of Care Workbook
     Evidence Ref: Issue No: 2 Issue 271213 Page 1 of 6 Author: Mike Smith Ref: 204 Workbook Sampled By IV Initials Dated: Unit 4222-204 – Duty of Care Candidate Name: Mark Mainwaring Date of Activity Award Title / Level Observed by your Assessor: Professional Discussion: Self Reflective Exercise: Seen By A Witness: Seen by an Expert Witness: Product Evidence: Questioning to Support Standards: YES Write Up/Factual Account Electronically Recorded: Duty of Care 204...
    2,352 Words | 10 Pages
  • Shc 34 1.1 1.2
    Workshop 2 Assignment 1 SHC 34 1.1,1.2 Definition of “Duty of Care” Duty of care is a legal term and this is a definition from a legal dictionary. Duty of care n: A requirement, that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered...
    770 Words | 3 Pages
  • miss - 832 Words
    Unit 003 Introduction to duty of care in health, social Care or children’s and young people’s settings Outcome 1 Understand the implications of duty of care 1.1. Define the term ‘duty of care’ Duty of care is the legal duty to take reasonable care so that others aren't harmed. It is a requirement that a person acts toward others and the public with watchfulness, attention and caution that a reasonable person in the circumstances would. If a person's actions do not meet this standard of...
    832 Words | 3 Pages
  • Movie Review for Erin Brockovich
    Erin Brockovich: Movie Review I. Car Accident There is negligence in the part of the doctor. He beat the red light which resulted in an accident, heating Erin’s car. An obligation arises from quasi-delict since there is no contract but there is damage. II. Masry and Erin (Court trial) There is incidental fraud in the part of Ed Masry. A contract started between him and Erin. But after the trial, Ed started to ignore Erin by not returning her phone calls. III. Masry and Erin (Work) Ed Masry...
    358 Words | 2 Pages
  • o35 induction process - 447 Words
    035 manage induction in health and social care or children and young people’s settings 1.1 Induction is a process which starts when a new member of staff is brought into an organisation it is not restricted to new staff Internal appointments may need a period of induction to help them adjust to new tasks in a changed working environment through induction organisations are able to maintain and improve standards of care and support The benefits of an induction programme for staff are that it...
    447 Words | 2 Pages
  • duty of care - 1389 Words
    1.1 - 1.2 A duty of care is a legal obligation imposed on a carer requiring that they adhere to a good quality and standard of care. It is my duty to safeguard and to take care of vulnerable adults and to ensure that their needs and well being are looked after, it is my responsibility to ensure I exercise a good standard of care with respect to individuals safety, best interest and personal choices, this includes protecting individuals within my care from any harm or abuse that may occur and...
    1,389 Words | 4 Pages
  • Principles for Implementin Duty of Care in Health and Social Care
    1.1 Explain what it means to have a duty of care in own work role: A duty of care is a legal obligation imposed on any individual working within the care sector that they adhere to a standard of reasonable care whilst performing any acts that could foreseeable harm others. It is my responsibility that: - Whilst caring for an individual I promote their independency and assist them to understand and exercise their rights. - That I use established processes and procedures to challenge and...
    1,500 Words | 5 Pages
  • Implementing the Duty of Care in Health and Social Care
    R601/1436 Unit 11 Principles of Implementing the Duty of Care in Health and Social Care in Children and Young People Settings Understand how duty of care contributes to safe practice 1 Explain what it means to have a duty of care in own work role Duty of care is defined simply as a legal obligation to : Always act in the best interest of individuals in care and others Not act or fail to act in a way that results in harm Act within own competence and not take on anything not believe we...
    1,545 Words | 4 Pages
  • Assignment 205 - 384 Words
    Unit 205 By Jess Dorrell Task A Letter Care Learning Centre Head Office Suite 8 The Courtyard Monks Brook At Cross Business Park Newport Isle of Wight PO305BF 23RD July 2008 Bubbles West Street Newport Isle of Wight PO305BF Dear Jo Blogs RE: Thinking of working in Care Profession It’s nice that you are thinking of joining the Care...
    384 Words | 2 Pages
  • Professional Issues in Nursing - 1248 Words
    Reflection of the Professional Issue in Nursing As a nurse, I make judgement that would affect patient’s health every day, I am aware that I have a great duty to ensure my patient’s safety to maintain the public trust (Chitty & Black, 2011). After learning this module, it helped me acquire adequate knowledge to better manage legal and ethical issues at work. For the sake of providing a high quality of care to my patients, I must be knowledgeable in both (Croke, 2003). Nowadays, the public...
    1,248 Words | 3 Pages
  • Basic Principles of Tort Supported by Case Law.
    Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end, the essay will pay particular attention to the salient elements he has to establish in the area of law identified, if at all he is to succed in his claim. The essay will conclude by looking at the...
    2,860 Words | 7 Pages
  • Shaw V Thomas - 839 Words
    In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff, a police officer, suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the...
    839 Words | 3 Pages
  • Duty Of Care Health And Social Care
    Unit 1 Principles for implementing duty of care in health, social care or children’s and young people’s settings 1 Understand how duty of care contributes to safe practice (a) What it means to have a duty of care in one’s own work role A duty of care is a legal obligation to all Health and Social carers and professionals who have to act in the best interests of individuals and others, also not to act or fail to act in a way that results in harm. This duty of care can be a...
    1,245 Words | 4 Pages
  • Duty of care and Breach - 489 Words
    The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus, the damages occurred must be reasonably foreseeable. In this...
    489 Words | 2 Pages
  • Care of Residents and General Social Care
    These resources are provided by DM Learning Resources, for home study use only. All of our resources are now registered with a copyright service, which restricts their usage. Please ensure that you read the legal notice below. Any individual, organisation, or business, found guilty of copyright infringements, will face prosecution. [pic] QCF Diploma level 3 The following learning resources are for guidance/reference ONLY!!! Please do not copy, as your work may be rejected by your...
    1,956 Words | 8 Pages
  • HSC 024 PRINCIPLES OF SAFEGUARDING AND PROTECTION IN HEALTH AND SOCIAL CARE
    Health & Social Care NVQ Level 2 Diploma Unit No : Unit Code: Unit Ref No 4 SHC 024 H/601/5474 Technical Certificate Unit No : Unit Code: 4 A/601/8574 Unit Information Principles for implementing & Introduction to: Duty of Care in Health, social care and young people’s settings Vision Training North East 12 Yarm Road, Stockton-on-Tees,TS18 3NA T 01642 673255 W: visiontrainingnortheast.com What is a duty of care 'Duty of care is a legal obligation that...
    732 Words | 5 Pages
  • BTF 5950 ASSIGNMENT - 750 Words
    BTF 5950 ASSIGNMENT QUESTION 1B In order to check whether Eastpac can sue BNZ bank or not, a test of negligience would have to be done. Based on what we have learned in the textbook, 3 steps should be taken: Step 1: Was there a duty of care owed? According to the question, Eastpac bank manager required that Melissa and Fernando had to provide “evidence of their ability to pay their repayments to the BNZ Bank” in order for him to assess whether or not Eastpac would lend the couple money. This...
    750 Words | 2 Pages
  • Motion for Summary Judgment - 2504 Words
    MOT, NOT, BRIEF Corey Lightner, Attorney at Law Bar No. 85-455 Miami, Florida 33176 305-456-7890 ATTORNEY FOR PLAINTIFF IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT INANDFOR ­­­MIAMI-DADE COUNTY, FLORIDA WILMA MAPLES, Plaintiff, CIVIL DIVISION vs. CASE: 13-2014-159753 DEPT. NO: XVII DOCKET NO: WE CARE FOR YOU HOSPITAL AND REHABILITATION CENTER, 1-5 DOES, 1-5 ROES, MOTION FOR SUMMARY JUDGMENT, NOTICE, AND BRIEF Defendants....
    2,504 Words | 9 Pages
  • duty of care - 500 Words
     DUTY OF CARE Duty of Care The legal definition for the term ‘Duty of Care’ means that person acts towards others and the public with watchfulness, attention, caution and prudence that a reasonable person in the same circumstances would. If a person’s actions do not meet this standard of care then their acts are considered negligent and any damages resulting may be claimed in a lawsuit for negligence. ‘Duty of Care’ means that whilst we are responsible for another persons wellbeing we...
    500 Words | 2 Pages
  • Comlaw 101 - 756 Words
    ComLaw 101 Negligence Michael Pokemon Hem , who is an accountant, co-owns a 25 foot pleasure-craft, Radha. His co-owner, Frank, a semi-retired architect uses the boat during the week, leaving Hem to have the use of it in the weekends. After a stressful week in the office, Hem enjoys nothing more than to get up early in the weekend and get out on the water. Last weekend, Hem noticed that the mechanical steering on the Radha “felt a little heavy and unresponsive at times”. He is not...
    756 Words | 2 Pages
  • IRAC Example - 1836 Words
    IRAC Example 2: Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators, Elwyn and Osman, who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May, Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts...
    1,836 Words | 7 Pages
  • Policies of Judgment - 675 Words
    “Whenever the courts draw a line to mark out the bounds of duty, they do it as a matter of policy so as to limit the responsibility of the defendant”. Discuss the above proposition, with reference to at least three cases. 'Policy' usually involves the consideration that no person or government official can legally perform an act that intends to injure the public, or their interests. In the respect of the courts, it focuses on the idea that judges use their discretion to direct a judgement...
    675 Words | 2 Pages
  • Slams - 1893 Words
    SLAMS Workshop October 2013 Problems and Suggested Answers PROBLEM 1 Jim drove his wife, Betty, to Southern Cross Station, so that she could catch the Melbourne-Sydney express, a special service operated by InterUrban. She was planning to spend a week in Sydney visiting friends. Having arrived at the station, Jim carried Betty’s luggage on board the train. They had just stepped into the carriage, when the train driver announced over the intercom that the Melbourne-Sydney express...
    1,893 Words | 7 Pages
  • health and social care in the work setting
    Introduction to Duty of Care in Health, Social Car or Children and Young Peoples Settings UNIT 5 1.1 Being a support worker means I have a responsibility of duty of care, which I am to adhere to at all times. This responsibility is a legal obligation as part of my job role. If these standards of care are not met I can put the service user/s in jeopardy of harm. The duty of care should be my self acting in the best interest of the individual at all times which should not be detrimental to...
    916 Words | 3 Pages
  • Duty of Care - 815 Words
    Unit SHC24 duty of care Denise Keable Outcome 1 1.1 duty of care n. a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Taken from The Free Dictionary by Farlex 2. I need to ensure that I take into...
    815 Words | 3 Pages
  • Business Law - 2302 Words
    Elvis and Dionne have a claim against Mercury Partners who prepared an audit of Holly plc. that overvalued their assets. This overvaluation lead to the pair purchasing (additional) shares in Holly plc, and consequently suffering monetary losses. The law of negligence can only be applied to the audit prepared by Mercury if we establish a duty of care owed by mercury, a breach of said duty and a consequent loss to Elvis or Dionne as a result. These three conditions, once satisfied can be used...
    2,302 Words | 7 Pages
  • Assignment 4 HCS 478
     Negligence Paper HCS/478 - Health Law and Ethics Negligence Paper This paper will discuss the differences between negligence, gross negligence and malpractice. It will discuss the article “Amputation Mishap” from the Neighborhood newspaper. The paper will also discuss the importance of documentation relating to the simulation and correlation to potential negligence. Finally, it will address what ethical principles...
    1,272 Words | 4 Pages
  • Intro to Law - Outline of Essay
    The scenario of this case a very complex matter in terms of the law, on the one hand you have the breach of gun/firearms laws and criminal negligence and on the other hand you have involuntary harm to another person. In order to hold the correct person liable, we must first examine the core facts and issues of this case which will enable the application of the law to these facts, allowing the DPP to be advised in the most suitable and accurate manner. The first and foremost issue to be noted...
    1,217 Words | 3 Pages
  • Negligence and Duty of Care - 3058 Words
    Negligence is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others .One of the main ways in which access to compensation is restricted is through the doctrine of the duty of care.Essentially,this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence.Breach of a duty of care essentially means that the defendant has fallen below the standard of behavior expected in someone...
    3,058 Words | 7 Pages
  • Negligence & Rights of Creditors - 1042 Words
    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...
    1,042 Words | 5 Pages
  • Compay Law - 929 Words
    Introduction OMAN COP GOV IMPO Recently, the Lego Bill Committee is considering codifying directors’ duty of care and skill for the sake of clarification of such a duty. ( clause 456, 457). This essay intends to exam whether such a codification is desirable or not. In the following, the current situation of director duty of care and skill will be reviewed. Afterwards, pros and cons of such a codification will be considered. Finally, the essay will conclude my opinion on the codification....
    929 Words | 4 Pages
  • Unit 205 - 2786 Words
     Unit 205 Introduction to duty of care in health, social care or children's and young people's settings. 1.1 always act in the best interest of individuals and others not act or fail to act in a way that results in harm act within your competence and not take on anything you do not believe you can safely do. A duty of care is a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable...
    2,786 Words | 15 Pages
  • Embracing Diversity Challenging Minds
    Breach of duty Breach of duty is defined as when defendant has fallen below the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must prove that the defendant was in breach of duty. ------------------------------------------------- A breach of duty occurs when defendant has not taken care, i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test,...
    2,938 Words | 11 Pages
  • Risk Management and Service Users
    PRINCIPLES FOR IMPLEMENTING DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDREN`S AND YOUNG PEOPLE`S SETTINGS UNIT: SHC34 EXPLAIN WHAT IT MEANS TO HAVE A DUTY OF CARE IN YOUR OWN WORK ROLE I and my employers have a “Duty of Care” when delivering services to the individuals in our care. We must follow the General Social Care Council’s (GSCC) Codes of Practice, our organisational policies and procedures and also Legislations and Acts, all of which set out the standards I am to follow. The GSCC...
    1,417 Words | 5 Pages
  • JUDGE - 375 Words
    The Gift of the Magi Judge Regarding the Gift of the Magi case, the focal issue is wether or not the plaintiff knew, or should have known, that the BMW was stolen property. The “reasonable person standard” is used as a means of comparison for judging the defendant. Larry Weston and Mary Easton were assumed to be in the later half of an early relationship. The couple was not married. Thus, it is not assumed that the couple know the specific status, and origin, of each others financial...
    375 Words | 2 Pages
  • Law 11 Notes - 1524 Words
    ART 1163 Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Specific or determinate – identified by tis individuality. Cannot substitute Generic or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes] Duties of debtor in obligation to give a determinate thing 1. preserve the thing...
    1,524 Words | 7 Pages
  • Sexual Harassment - 2289 Words
    Harassment page 1 Sexual-harassment HRM 320 Employment Law February 5,2012 Harassment page 2 Definition of sexual harassment as the term is used legally The definition of sexual harassment that is in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC) also is copied by most states and employers for their own use. The guidelines state: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a...
    2,289 Words | 10 Pages
  • Business Law - 1143 Words
    Sale of Goods Ordinance, Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business, a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides, the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions...
    1,143 Words | 4 Pages
  • 2007GIR Assessment 2 ILAC Assignment V6
     Course Name: Legal Issues for Managers Assessment No. 2: Hypothetical ILAC Assignment Student Name: Student ID: Tutor Name: Tutorial: Tuesday 10am-11am Issue 1. Is Patricia an Officer of Stadium Enterprises Pty Ltd (SEPL)? 2. Has Patricia breached her duty to act with due care and diligence? 3. Has Patricia breached her duty to act in good faith in the best interests of SEPL? 4. Did Patricia improperly use information to gain an advantage, causing detriment to SEPL? 5. Has...
    987 Words | 3 Pages
  • Singapore Company Law - 920 Words
    Financial assistance to directors: s162 Improper use of information: s 157(2) Financial assistance to director-related companies: s163 Directors remuneration and benefits: s168,169&172 Interested persons transactions: SGX Listing Manual Section 156 disclosures: s156(1)&(5) Duty to retain discretions Duty to avoid conflicts of interests Duty to use powers for a proper purpose Duty to act in good faith in the interests of the company Liability for fraudulent trading: s 340(1)...
    920 Words | 5 Pages
  • Elements of Negligence - 2308 Words
    Question 1 A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’, a system in use on Sydney’s trains. According to my findings, Dead Man's Handle refers to an old train device: the dead man's handle. It was typically some form of switch that the driver would...
    2,308 Words | 7 Pages
  • Duty of Care - 33459 Words
    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...
    33,459 Words | 95 Pages
  • Business Legal Framework Case Study
    The Sally Smith’s and Larry Landlord The issue is whether did Larry Landlord fall below the standard of care by not maintaining the fire alarm in the hallway properly causing the severe injury of Sally Smith? I believe Larry Landlord fell below the standard of care in this case. To the reasons set forth below: According the rule of reasonable person under the standard of care, I can definitely foresee the injury coming. Her injury could have prevented if the landlord has maintained the fire...
    296 Words | 1 Page
  • Involuntary Manslaughter - 2867 Words
    Gross Negligence Manslaughter Bateman 1925 A doctor’s negligent treatment of his patient resulted in death. ‘Gross Negligence’ was the basis for criminal liability. The test stated in that case was: Does the conduct of the accused show such a disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment? Andrews 1937 It was stated that where there is a charge of gross negligence manslaughter, simple lack of care that would...
    2,867 Words | 10 Pages
  • Case Study on Tort - 6396 Words
    1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed), which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision, but their appeal was dismissed as it was held that the initial action was competent as their...
    6,396 Words | 17 Pages
  • negligence - 2550 Words
    1.0Introduction Negligence is a branch of civil law known as tort .tort is defined as a civil wrong in the form of breach of duty from which the legal remedy is an award of damage. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do which inflicts harm. Negligence covers wide area this meaning that it does not only involve careless conduct and involves a combination of the concepts of duty, breach and...
    2,550 Words | 8 Pages
  • Torts Outline - 9554 Words
    TORTS I OUTLINE Professor K. Chadwick Development of Liability Based on Fault a. A tort is a civil wrong, other than a breach of contract, for which the law provides a legal remedy. b. Area of law that imposes duties on persons to act in a manner that will not injure other persons c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort d. Initially, you had to have a writ from the King in order to have a claim in court. There were two...
    9,554 Words | 27 Pages
  • Amputation Mishap; Negligence - 1554 Words
    Amputation Mishap; Negligence Carmen Holder HCS/478 February 4, 2013 Barbara Gilbert, EdD, MSN, RN, CNE Amputation Mishap; Negligence Confused by a repeating dream, Joseph Benson wakes up and realizes the wrong leg was amputated. Even under the best of circumstances, mishaps such as this one do occur as a result of negligence and cause unnecessary duress to patients. This paper will discuss the difference between negligence, gross negligence, and malpractice. I will present my opinion of...
    1,554 Words | 4 Pages
  • Torts Car Accident - 433 Words
    The main question here in this case is who is liable, negligent and damages. Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash, a car driven by Ann hits the two cars disabled from the first crash. Cal, a passenger in Abe’s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann’s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him,...
    433 Words | 1 Page
  • Assignment 055 Task a - 449 Words
    Assignment 55(NOTES, need to write up) Task a DUTY OF CARE AND SAFEGUARDING ·1) duty of care is to keep children and young people safe and to protect them from sexual, physical and emotional harm. Children have a right to be safe and to be treated with respect and dignity. We as adults must take reasonable steps to ensure the safety and well being of pupils. Failure to do this could be regarded as professional neglect. Always act and be seen to act in the child’s best interests. ·2) Duty of...
    449 Words | 2 Pages
  • Understanding and Minimizing Sexual Harassment in the Workplace
    TABLE OF CONTENTS INTRODUCTION …………………………………………………………………………….… 1 DEFINING SEXUAL HARASSMENT ………………………………………………………… 1 QUID PRO QUO …………………………………………………………………………. 2 HOSTILE WORK ENVIRONMENT ………………………...………………………….. 2 IMPLICATIONS OF SEXUAL HARASSMENT …………………...………………………..... 4 EFFECTS ON EMPLOYEES ………………………………………………………..…... 5 EFFECTS ON EMPLOYERS ……………………………………………………...…….. 5 EMPLOYER LIABILITY ……………………………………………..…………………. 6 RESPONSIBILITY TO EMPLOYEES ……………………………….…………… 6 NON-EMPLOYEE...
    5,036 Words | 14 Pages
  • Law Essays. - 1655 Words
    Question 1. Protesting is a declaration of objection, disapproval, often in opposition to something a person (group) is powerless to prevent or avoid. In this case, the protestors were greedy and went on strike in the hopes of getting shorter hours and better pay. In addition, other drivers were involved voluntarily and involuntarily, feeling like that they had an obligation to protest. The issue of this question is to determine the offences committed by the China national train drivers under...
    1,655 Words | 4 Pages
  • Occupiers Liability - 1527 Words
    OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the...
    1,527 Words | 6 Pages
  • Business Law - 799 Words
    Week11-12 Tortious liability 侵权 Negligence 过失 1. A duty of care Established categories: * Motorists owe a duty of care to other road users (Imbree v McNeilly). * Doctors owe a duty of care to their patients (Rogers v Whitaker) . * Manufacturers owe a duty of care to people who use their products (Donoghue v Stevenson). * Occupiers owe a duty of care to people who come onto their premises经营厂址 (Australian Safeway Stores Pty Ltd v Zaluzna). No established categories, the...
    799 Words | 3 Pages
  • Duty of Care - 616 Words
    'Duty of Care' As the owner of my own nursery i have a 'duty of care' to my employees, children and visitors. The legal definition of 'duty of care' is; 'a requirement that a person acts reasonably towards others and the public with reasonable watchfulness, attention, caution and prudence to avoid acts or omissions that could expose people, for whom there is responsibility, to a reasonably foreseeable risk to injury'. (http://www.psctas.org.au/pdf/doc.pdf) If a member of staff did not meet...
    616 Words | 2 Pages
  • Tort Law - 1200 Words
    TORT LAW Lakeshia S. Dalton HCC 322 Instructor Hwang-Ji Lu May 31, 2011 Laws are put into place to regulate the behavior of people to benefit society. According to Pozgar, laws are designed to prevent harm to others while protecting the rights of individuals (Pozgar 2010 Pg 175). Without laws the world would be a dangerous place to live. There are four laws that most affect the provider and receiver of care. They are tort law, criminal law, contract law , and trial procedures....
    1,200 Words | 4 Pages
  • Civil Liabilities Act 2002 (Nsw)
    Question 1 Mary v Peter Issue Given that Mary was injured by Peters’ act, is he solely liable for the accident? Law * In this case, we have to look at the Civil Liability Act 2002 (NSW) to determine who was negligent and in specific, we use s 5B(1), s 5B(2) and s 5R of the Civil Liability Act 2002 (NSW); s 5B(1) for the reasonable foreseeability test, s 5B(2) for determining if the standard of reasonable care has been breached and s 5R for contributory negligence. * Where both the...
    2,128 Words | 6 Pages
  • Donoghue V Stevenson - 1376 Words
     SCHOOL OF BUILT ENVIRONMENT DIPLOMA IN ESTATE MANAGEMENT INTRODUCTION TO LAW LAW 103 ASSIGNMENT 1 Assessment Requirement STUDENT NAME YOUNG JIA JIE STUDENT ID. NO 1007588 I/C NO. 950410-14-6248 LECTURER NAME LEE CHEE WAI START DATE 7TH SEPTEMBER 2013 END DATE 28TH SEPTEMBER 2013 INDEX TOPIC PAGE 1.0 INTRODUCTION 3 2.0 TO DISCUSS & EXPLAIN THE CONCEPT OF GENERAL DUTY OF CARE 3 3.0 SUMMARY OF CASE “DONOGHUE V STEVENSON” 3...
    1,376 Words | 6 Pages
  • LAW 531 - 709 Words
     Gansz V. Alton Haunted House University of Phoenix LAW 531 November 18, 2013 Ganz v. Alton Haunted House The case of Gansz V. Alton Haunted House originated when a girl tripped while running from an individual with a loud motor driven chainsaw at a haunted house in Alton, Illinois on October 29, 2011 (Faces of Lawsuit Abuse, 2013). The girl’s father, Terry Gansz, claims the haunted house tour included a section where patrons were directed through a passage leading to a ramp with...
    709 Words | 3 Pages
  • Unit 4222 304 - 850 Words
    Unit 4222-304 Principles for implementing duty of care (SHC 34) Outcome 1 Understand how duty of care contributes to safe practice 1. Employers and employees and I have a “Duty of care” when carrying services to the persons in our care also responsibilities to safeguard the welfare and wellbeing of the service user in their care. This includes correct attention, watching out for hazards, trying to prevent mistakes or accidents, and making wise choices about steps undertaken in the role. The...
    850 Words | 3 Pages
  • The Duty of Care in Irish Tort Law
    THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds, B.Corp.Law, LL.B (N.U.I.), LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence, a relatively recently emerged tort. Traditionally, actions in tort were divided into trespass and trespass on the case, or simply ‘case’. Trespass dealt with the situation where the injury was immediate, in other words direct and foreseeable. Actions based in case however, covered...
    2,500 Words | 7 Pages
  • SHC24 Duty Of Care - 3656 Words
    LEVEL 2 DIPLOMA IN HEALTH AND SOCIAL © John Eaton 2011 All RIGHTS RESERVED Candidate Name……………………………….......................... Jet Training, Minehead Road, Norton Fitzwarren, Taunton, Somerset, TA2 6NS Telephone 01823 270845 Mobile 07775643169 Email: info@jet-traning.org.uk The Name of the Game is to Train FOREWARD The Jet Qualification and Credit Framework Modules are designed to Inform, Educate and Probe the Candidates Knowledge and Understanding of the subject matter to confirm their...
    3,656 Words | 16 Pages
  • Ethics in Psychology - 3282 Words
     Negligence Torts 3/31/2014 Raphael Adewusi Negligence is based on a central principle that members of the public are obligated to take reasonable care not to cause injury to members of the public through negligent acts or omissions of their own doing. The tort of negligence is frequently litigated. This is because many legal disputes arise due to negligent behaviour by one party, causing damage to another party. Prior to the establishment of negligence as a distinct tort,...
    3,282 Words | 9 Pages
  • Professional Negligence Case Notes
    Professional Negligence In relation to professional negligence the concept of the reasonable man becomes that of the reasonable professional. The reasonable man will normally lack the skill and expertise acquired by the professional. These professional men and women are not only required to take reasonable care but also to measure up to the standard of competency that can be expected from such professionals-that is the standard of, for example the reasonable nurse or the reasonable...
    1,319 Words | 4 Pages
  • Amputation Mishap - 1386 Words
    Amputation Mishap The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and...
    1,386 Words | 5 Pages
  • Why a Primary School Requires a Duty of Care to Protect Its Students
    1 Introduction: The Department of Education in Western Australia follows government policy to ensure all those who are of school age attend school. There is a general duty of care related to common law that the teacher has to do all that is reasonable to ensure the health, safety and welfare of all those who are associated through the teacher/student relationship during the school day, whilst on the school grounds or during school activities/excursions. The purpose of this report is to...
    1,672 Words | 5 Pages
  • liability of negligence - 1614 Words
     Liability of Negligence When a person is said to be liable for an action under the law, it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability, or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1, which says that, an individual is not responsible for something that they did not mean to do. However, the...
    1,614 Words | 4 Pages
  • The Law of Torts - 1956 Words
    NEGLIGENCE: DUTY OF CARE Negligence is a breach of a legal duty to take care which results in damage to the claimant. In order to prove negligence one must show: 1. a legal duty on the part of the a person to take care of another, 2. a breach of that duty and 3. The consequential damage attributed to the conduct and is too remote. It was also defined as an omission to do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of...
    1,956 Words | 5 Pages
  • Legal Case Study - 2752 Words
    Q1 Advise Brad as to his rights against the University of Kew Brad could sue the University of Kew in negligence, contract and misleading.少写了consumer contract Action against University of Kew in negligence  Pure economic loss In this case, Brad suffered pure economic loss. Brad completed the course but finally did not become either a CPA or CA on the basis of his Doctor of Accountancy course. Besides, he could have earned $300,000 a year as a management consultant. What is worse, he went to...
    2,752 Words | 8 Pages
  • The Consumer Guarantees - 1939 Words
    The Consumer Guarantees Act is a cornerstone piece of legislation. Its role is to protect consumers. Under the Act, your consumer rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any goods or services ordinarily purchased for personal use.In this guide, we explain what those rights are, and what to do if you think your rights have been breached. The Consumer Guarantees Act 1993 A Summary Introduction: The Act came into...
    1,939 Words | 6 Pages
  • Tort Negligence - 3525 Words
    THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562, • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? … You must take reasonable care to avoid acts or omissions...
    3,525 Words | 15 Pages
  • Negligence Irac - 748 Words
    Wayne is walking along a footpath near a golf course. He gets struck in the eye with a golf ball. There were no barriers between the golf course and the footpath. The place where Wayne was hit about 100m from a tee (a tee is where players drive the golf ball). Wayne can no longer work as a surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club...
    748 Words | 3 Pages
  • Business Law 1 - 515 Words
    Bray Goodheart BUSG 2305.200 Case #4-5 Kim v. Ling’s Market Defendant Ling’s Market Facts: Kim was shopping for dinner at Ling’s Market, as Kim entered she slipped and fell due to the water accumulated on the floor (that the manager was aware of) because of the high winds and rain that blew into the Market each time the door was opened. Kim suffered a back injury as a result of the fall. Kim filed suit against Ling’s Market, the defendant, arguing that Lings performed a “tort of...
    515 Words | 2 Pages
  • Negligence Model Case Study
    Suggested answer – negligence model case study In the tort of negligence the plaintiff must prove that the defendant owed them a duty of care, breached that duty and that damages were suffered as a result of a breach of that duty. For Brooke to make a successful claim against the Yarra Valley City Council she must establish that a duty of care existed. Here the test of reasonable foreseeability must be applied. The question to be asked is whether a reasonable person would foresee that...
    652 Words | 2 Pages
  • Tort Law of Negligence - 1570 Words
    Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care...
    1,570 Words | 5 Pages
  • Chantelle Woods vs. Department of Arts, Culture and the Gaeltacht
    Case Study Common Law Table of Contents case 1 3 Negligence 4 Donoghue v Stevenson. 4 Element of Negligence 5  Duty of Care: 5 The case of Ryan v Ireland 1989 5  Breach of the duty of care: 6  causation: 7 The Egg-shell skull rule 7 In the case of Vosburg v Putney 7 The type of the injury: 9 Contributory negligence: 9 Badger v. The minister of defence EWCH 2005 10 The limitation Period 11 Case two 11 David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. 12...
    3,465 Words | 12 Pages
  • Irac of Negligence - 1494 Words
    Introduction: In Rebecca & ‘Zorba’s’ Restaurant case, the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis...
    1,494 Words | 5 Pages
  • auditing hw - 556 Words
    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...
    556 Words | 2 Pages
  • Contract law introduction - 2430 Words
     Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence, the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the...
    2,430 Words | 10 Pages
  • Negligence As A Tort - 1981 Words
     DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY LUCKNOW (2014-2015) FINAL DRAFT ON “TORT OF NEGLIGENCE” Submitted to Submitted BY Mr. R.K Yadav RAHAT ALI Astt. Prof. (Law) ROLL NO - 100 B.A....
    1,981 Words | 7 Pages
  • Duty of Care of a Medical Practitioner
    In Australian society, duty of care is to take reasonable care to not cause foreseeable harm to other individuals in any work place. Saying this the duty of care of a medical practitioner is superior considering the nature of their profession, where is they provide advice to people on health and medical conditions, but is the extent of their duty of care too expansive? Doctors are being sued way too frequently for negligence of cases that are generally not because the doctor didn’t use the...
    899 Words | 3 Pages
  • Commercial Law - 19508 Words
    COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd, had acid in it, which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the...
    19,508 Words | 68 Pages
  • Legt 1710 Assignment 1
    A: What is the full case citation? The full case citation is Novakovic v Stekovic [2012] NSWCA 54 B: (1) what are the names of the parties? The names of the parties are the appellant and the respondents. (2) Who is the ‘appellant’? Who is the ‘respondent’? In this case, the appellant is Mileva Novakovic and the respondents are Michael Stekovic and Snezana Stekovic. (3) Please explain why the parties are not referred to as the ‘plaintiff’ and the ‘defendant’? Parties are called as the...
    1,249 Words | 4 Pages
  • Case Analysis: Carey V Lake Macquarie City Council
    CASE ANALYSIS: BREACH OF DUTY OF CARE BY AN AUTHORITY AND CONTRIBUTORY NEGLIGENCE Summary of Facts Carey v Lake Macquarie City Council is an appeal from the district court of New South Wales, concerning negligence. The appellant, Carey, was riding his bicycle through a public park before sunrise, which he did regularly. One morning the appellant took a path he had never cycled on before. He was injured after cycling into a bollard positioned in the middle of the path. The bollard was slightly...
    2,294 Words | 7 Pages
  • Negligence and the Law of Torts - 1809 Words
    ABSTRACT This essay deals with the law of torts, and more specifically the tort of negligence. It discusses cases and judgements related to it. It concludes by looking at the elements of negligence and their meanings. THE LAW OF TORTS A tort is basically a civil wrong. A civil wrong is an act, intentional or otherwise, the consequences of which include, but are not limited to damage to life or property, injury to a person, emotional or mental...
    1,809 Words | 6 Pages
  • Mens Rea Revision Notes
    ------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment, and there can be involuntary...
    2,954 Words | 8 Pages
  • Unit 392 - 1325 Words
    Professional Practice in Children and Young People's Social care (SCMP) 4222-392 1:2 We as child care professionals have a duty of care to our children we therefore must provide the best care possible. To do do so we must adhere to all relevant update legislation . In my current work setting this includes working to the National Minimum Standards. These are a list of basic standards of care registered providers should provide and aim to exceed when delivering a service or care. The National...
    1,325 Words | 4 Pages
  • foundations of business law - 1552 Words
    Foundations of Business Law Assignment 1 Levi Manuel 100102979 Question 1 What legal issues does this situation raise and what are the possible legal consequences? First legal issue- Was there a duty of care? In this case there a number of legal issues and the first and foremost of these issues is was there a duty of care? Duty of care, as a general rule, is that the defendant who owes a duty of care to all persons who it is reasonably foreseeable will suffer loss or damage as a...
    1,552 Words | 4 Pages
  • Case Study of Negligence - 1421 Words
    Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our “neighbors”, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: “My neighbors are persons who are so closely and directly affected...
    1,421 Words | 5 Pages
  • Negligent Tort - 1398 Words
    In the United States, individuals and families are constantly bombarded with advertisements for goods and services. The competition to sell these goods and services is fierce. From fast food to electronics and cars, the list goes on and on. Companies are always fighting for whatever disposable income a person may have left. The ads always make the person feel that they are going to need that new cell phone or car. It’s going to make that person feel better or make their lives much easier once...
    1,398 Words | 4 Pages
  • Virtual Organization - 982 Words
    Ann Winbush BUS/415 Virtual Organization E-Business Paper May 22, 2007 C. Darnell Stroble . Abstract Smith Systems Consulting describes the web as "the marketplace of the new millennium" (University of Phoenix). The company, founded in 1994, focuses on delivering "high value Web and business application services" in this marketplace. Most of the current customers of Smith Systems are regional companies. However, the company is expanding rapidly. The need for Smith System...
    982 Words | 3 Pages
  • Does Susie have a case against Ruthless
    Negligence is a particular type of tort action that involves something the law calls a "duty of care." The standard of care depends on the facts and circumstances of the case but, generally, the duty of care, in its broadest sense, means each of us should behave responsibly and sensibly, in the way a reasonable person would behave. To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff. The law...
    584 Words | 2 Pages
  • Legal case - 657 Words
     Negligence in the Gym This suit would be covered under the tort of negligence. The first thing to consider if there was a duty of care owed to Steve by either the manufacturer or the Health Club because he could potentially be able to sue both of them. In both cases yes, a duty of care is owed to him, because the manufacture has a responsibility to ensure that safety of the equipment that they produce. Even though the manufacturer did not have any direct contact...
    657 Words | 2 Pages
  • Mr Sheikh Majid Aleem
    Unit 5 Aspects of contract and Negligence Tutor: Mr. Norman mugarura Aspects of contract and Negligence Page 1 of 6 INTRODUCTION The aim of this unit has been to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. The assessment tests the learner on their understanding of the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners have been...
    1,339 Words | 5 Pages

All Reasonable person Essays