Tort law and the Civil Liability Act QLD 2003 Negligence is defined as breaching the duty of care owed to someone and can be due to a person’s actions or omissions. Duty of care is the legal obligation to care for the rights of other people. Various factors and tests are often used to prove that a breach of duty of care occurred‚ including the ‘but for’ test‚ reasonable foreseeability‚ the standard of care owed to the plaintiff and if the plaintiff was the defendant’s ‘legal neighbour’‚ meaning
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Issue: Is Michelle performed carelessly that brought on mishap and consequence of Rebecca injured? The elements of a negligence The plaintiff must establish these steps in damages for negligence: 1. Duty of Care: • Take care to avoid acts or omissions is the one reasonable foreseeable- meaning that a reasonable person appreciates the risks and takes a practical steps to minimize likely adverse consequences see Grant v Australian Knitting Mills Ltd [1933] and Donoghue v Stevenson [1932] • The loss
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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 breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include‚ is it reasonably foreseeable that harm
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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 Profession‚ you must understand that as a Health Care Assistant you have a duty of care‚ this comes with roles and responsibilities
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(3) DEFINITIONS………………………………………………........................(4) ESSENTIALS OF NEGLIGENCE...........................................................(5) DEFENCES FOR NEGLIGENCE............................................................(7) EXISTENCE OF A DUTY……………..…………....................................(9) BIBLIOGRAPHY...................................................................................(10) ACKNOWLEDGEMENT Every work accomplished is a pleasure- a sense
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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 negligent‚ and any damages resulting may be claimed
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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2.2 The Coal Miner Dawnyel Donaldson Franklin University Healthcare Law and Ethics HCM742-H1WW (F14) Julia Matthews JD/MPH November 23‚ 2014 2.2 The Coal Miner Distinguish among negligent torts‚ intentional torts‚ and strict liability. Describe the major laws that were developed to protect individual’s rights in the healthcare profession. Note several from your text and at least three not listed in your text located from an external source. Answer the discussion questions for the People Stories:
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which we all have a duty to protect other persons from harm. The question the court must examine is what degree of duty exists under what specific circumstances. Although there were some attempts in the late 19th century to develop a general test‚ there was no accepted test until 1932. Ø The neighbour test The classic formulation of the ¡®neighbour¡¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize the duty of care: ¡°You must take
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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 keep
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