Discuss the extent to which the rules on causation need to be reformed? Causation refers to whether the defendant’s conduct caused the harm or damage in a crime and it must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the ’but for’ test. In most cases‚ factual causation alone will be enough to establish causation. However‚ in some circumstances it will also
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A liability hazard or risk emerges from any activity obliging somebody to pay remuneration for another’s misfortune. However this originates from break or breach of some legitimate commitment. Liability tenets or rules are those figured in delict. There are a few basis utilized by insurers as a part of underwriting liability protection these incorporate the accompanying beneath. Causation Basis By utilizing the causation basis the occasions that cause the misfortune or loss must occur amid the time
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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 person would in the circumstances Two Stage Process What is the relevant standard of care? Has the standard been breached? Onus of proof Plaintiff on balance of probabilities Standard of care Question of law Objective test- the reasonable
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Citation: Babine v. Gilley’s Bronco Shop‚ Inc. District Court of Appeal of Florida‚ First District May 13‚ 1986 Facts: The appellant‚ Michael P. Babine brought suit against Gilley’s Bronco Shop‚ Inc. damages from injuries sustained at Kevin’s West‚ Inc. a nightclub‚ where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys. The appellant
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As law states that a drunk driver of a stolen vehicle does not owe duty of care‚ only if car was stolen. In the nutshell‚ Michelle still owe duty of care to Rebecca‚ even though Rebecca failed to take care of herself. According to the law‚ it states that‚ all road users owes duty of care to passengers‚ pedestrians‚ and drivers‚ see March v Stramare Pty Ltd [1991] 171 CLR
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There is no need to say that‚ in according to meet these needs of the guests and surprise them‚ Ciragan Palace Kempinski needs high qualified employees who can maintain the Kempinski standards‚ who can manage stress and who are flexible. However‚ hospitality and tourism industry has a huge issue of finding and keeping employees. Employee turnover is a growing issue in the
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Impact on internal and external stakeholders When it comes to the impact of this negligent event‚ it is needless to say that the child‚ Courtnie Williamson‚ suffered the worse consequences of all‚ she will be affected physically‚ emotionally‚ and intellectually for the rest of her life; with therapy and willpower she might be able to recover to a certain extent‚ but there is no certainty on the success of any treatment. This negligent act limited the future of this child and the way that she might
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Duty of care- when caring for people that are able and capable of doing things on their own but are in your care. If there is a basketball session and the floor is not dry or hasn’t been dried properly and a child slips and has an injury the person that is caring for the child in the session can be sued for negligence. It’s the duty of the carer to make sure it’s safe to play in a certain activity. Higher duty of care- is for people that are less able of doing basic things daily on their own (young
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are liable for Susie’s injuries‚ due to the simple fact that Officer Ruthless ordered Susie Marks to ride in Jerry’s camper because of the park curfew time. As stated in the book Law‚ Business‚ and Society‚ by Tony McAdams‚ a negligence claims requires
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References: Jennings‚ M. M. (2006). Business: Its legal‚ ethical‚ and global environment (7th Ed.). New York‚ NY: McGraw-Hill. Walsh‚ D. J. (2010). Employment law for human resource practice: 2010 custom edition (3rd Ed.). Mason‚ OH: South-Western Cengage Learning
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