Saunders/Elsevier. Croke‚ E. M.‚ (2003). Nurses‚ Negligence‚ and Malpractice. American Journal of Nursing‚ 103(9). 54-63. Retrieved from http://www.nursingcenter.com/lnc/journalarticle?article_id=423284 Hurwitz‚ B McHale‚ J. V.‚ & Tingle‚ J. (2001). Law and nursing (2nd ed.). Oxford: Butterworth/Heinemann. Singapore Nursing Board. (2011). Codes of Ethics & Professional Conduct. Retrieved from http://www.healthprofessionals.gov.sg/content/dam/hprof/snb/docs/publications/Code%20of%20Ethics%20an
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Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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consensual relationship between two parties‚ where one party‚ the principal‚ gives authority to another party‚ the agent‚ to act on behalf of and under the control of the principal to deal with a third party‚ thereby creating a fiduciary relationship. The law of agency allows one person to employ another to do his/her work‚ sell his/her goods‚ and acquire property on his/her own behalf. Although a principal-agent relationship can be created by a contract between the parties‚ a contract is not necessary if
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Rohan Mathew 20131195 Economic Analysis Of Law : Paper 1 Strict Liability v. Negligence : An Economic Perspective To try and understand which rule of negligence is most efficient for use in real world environments and to estimate why so‚ we will take into account a hypothetical situation‚ erased of all complexities. We assume a case of accident such that there are only two parties and we also assume that probability of an accident occurring is absolute. The driver has three ways to drive : Rapid
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AR Problem Question This problem question includes the following areas of law: - Actus Reus (Guilty Act) - Omissions (Failure to Act) - Duty to Act Situations Wood - Actus Reus = Guilty Act. To be criminally liable‚ the defendant (D) must perform a positive and voluntary act. An Omission (Failure to Act) does not make D liable‚ however‚ there are 6 situations in which failure to act may result in criminal responsibility: 1. Statute 2. Contract 3. Relationship 4. Voluntary Assumption 5
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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In some instances‚ a statute or other law may define specific duties‚ such as the duty of a person to rescue another. Professionals‚ such as doctors and lawyers‚ are also required to uphold a standard of care expected in their profession. When a professional fails to uphold such a standard of care‚ the professional may be liable for malpractice (doctors are liable for medical malpractice and lawyers are liable for legal malpractice)‚ which is based on the law of negligence. There are five elements
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Andres Lao vs. CA‚ the Associated Anglo-Amedican Tabacco Corp. and Esteban Co. February 17‚ 2000 Corporate Officers not personally liable for Authorized Corporate Acts Facts: In 1965 a Contract of Sales Agent was entered by the Association of Anglo-American Tobacco Corporation with Andres Lao. Lao was to sell cigarettes manufactured and shipped by the Corporation to his address in Tacloban‚ and he would remit the sales proceeds. Lao would receive commission for those sold‚ with a monthly
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Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors‚ recreational users‚ trespassers. A visitor according to the act was: An entrant of right An entrant other than
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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. ___________________________/
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