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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To win a defamation lawsuit there are four elements that the plaintiff must prove; Defamation which are factual statements that are likely to harm someone’s reputation. The police officers argued that Mosby made statements that they deliberately ignored Grey’s injuries and cries for help. They stated in their lawsuit that this statement is defamatory because “they exposed Plaintiffs to public scorn‚ hatred and contempt‚ and thereby discouraging others in the community from having a favourable opinion
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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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OSHA Lawsuit The U.S. Department of Labor filed a lawsuit in the U.S. District Court for the District of Montana against a Helena-based company named Kbec Inc. in January 2013. Kbec Inc. is a Dairy Queen franchisee that‚ “illegally terminated an employee for making complaints regarding workplace violence at the company ’s facility.” (Todd & Rodriguez‚ 2013). In this article‚ there are no details given on what was the nature of the complaints filed by the employee originally‚ however‚ searching
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1020 Essay 1 The Lawsuit: Examining the Characters The definition of a lawsuit is a civil action brought in court in which a plaintiff demands another person‚ known as the defendant‚ pay this person equitable resolve (dictionary.com). In other words they want payment for being wronged in the past. If the case is found to be legitimate and proven justifiable‚ the defendant pays the plaintiff the awarded compensation. This brings us to the story‚ The Lawsuit‚ by Naguib Mahfouz. This
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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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Legal issues September 30‚ 2013 Case of Negligence 1. During the day‚ duct tape had been used on the floor near the boundary lines of a badminton court. In the evening‚ a participant playing badminton caught her shoe on the tape and suffered a torn meniscus in her knee. Arthroscopic surgery was required and a lengthy convalescence ensued. The municipality was responsible for cleaning the community center‚ including the gym‚ and knew that the tape had been placed on the floor during the day
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the CKI‚ Calvin Klein brand‚ filing a lawsuit on May 30‚ 2000 against the Warnaco Group in their wrong doings in their license agreement. The suit was made because of the Warnaco Group breaching its jeanswear licensing and distribution contract‚ resulting in diluting the equity of CKI’s brand. Having caught hold to CKI’s allegations that didn’t represent Warnaco morals and company values‚ they soon filed a countersuit against CKI. The Warnaco company lawsuit denied all trademark dilution and wrongfully
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