ASSIGNMENT 8: Tort of Negligence Issue 1: Chew’s Losses - $300‚000‚ Anxiety‚ Medical bills and the Closure of his stall. Suing Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has to prove:
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found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not
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1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
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Islands once They were Invaded by the German Army?”. Historians’ studies have diverged on their interpretation of this World War II event. To evaluate England’s extent of negligence‚ the living conditions of the Channel Islanders under German occupation are compared to those of the citizens living on mainland Britain. British negligence is primarily addressed before the invasion of the Channel Islands‚ during occupation‚ and after recapture of the Islands. Diary entries are mostly used to identify the
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Demographic Paper Karen Mervine HCS/490 September 30‚ 2013 Dr. Joanne Tritsch Demographic Paper An Aging Population I have been designated by the senior management team at a community hospital to write a summary on the effects of changes in population demographics on the needs and services for a selected population. The population that I choose to write about is the aging population. In this paper I will identify the aging population and provide data about the demographics and
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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 breached
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I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the
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Reference: http://www.nursefriendly.com/nursing/clinical.cases/040130.htm Extravasation Follows Chemotherapy Administration. Potential Complication or Nursing Negligence Iacano v. St. Peter’s Medical Center‚ 334 N. j. Super. 547 – NJ (2000) Summary: Intravenous therapy has inherent risks and potential complications. When you introduce chemotherapeutic drugs and known vesicants‚ those risks increase dramatically. In this case‚ a known risk‚ extravasation‚ occurred following administration
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the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts of the case found in LexisNexis is: a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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