LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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appropriate medications and councils patients regarding their medications. Occasionally‚ there are cases where pharmacists are held liable for negligence by dispensing improper dosage of medication prescribed by the doctor or may have written the wrong instructions to go with the medication. Being an important role in the health care industry‚ pharmacist negligence could cause a patient detrimental harm‚ such as; allergic reaction‚ sever health risks‚ or even death. Therefore‚ it is very important for
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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productive forces. If there were no development of technology‚ there would be no today’s highly development of human materialistic and mental civilization. In other word‚ technology should guarantee people’s living in a better condition. However‚ human negligence causes letting technology not be suitable to respond possible disasters. For example‚ On August 29 2005 Hurricane Katrina caused over 50 failure of the levees and flood walls which were protecting New Orleans. The failures of the levee and flood
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lays on the ground from the other 3 bullets that were placed in him. I also can back this up by saying these were at least 12 officers on the spot and Officer Jason Van Dyke was the only officer to shoot. There are 5 elements in which to prove “Negligence Tort” I believe that all 5 can be proven in this case. I believe that the officer will be convicted‚ as well he will be sued for a wrongful death case. The family already settled for a few million dollars from the City. I believe once this trial
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Competence & Negligence Scenario 1: You work for a criminal defense attorney who is arrested outside of the courthouse on charges of inhaling nitrous oxide. He was at the courthouse for a pretrial hearing on a cocaine case. After the hearing‚ he returned to his car. He apparently passed out after inhaling as many as 14 canisters‚ stepped on the accelerator of his car and careened in reverse into a parked car. Nitrous oxide is commonly called laughing gas and induces a mild euphoria. The incident
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gleaned off the Internet? That’s the question confronting an Alberta judge who must soon decide if a mother’s withholding of professional medical care from her 7-year-old son‚ who eventually died from an acute bacterial infection‚ was criminal negligence or simply a well-intentioned but misguided decision. It’s the second time this year Alberta parents have landed in court because their children died after they refused to take them to a doctor or hospital and instead treated them with remedies
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Page 1 1 of 3 DOCUMENTS M.A. MORTENSON COMPANY‚ INC.‚ Petitioner‚ v. TIMBERLINE SOFTWARE CORPORATION and SOFTWORKS DATA SYSTEMS‚ INC.‚ Respondents. No. 67796--4 SUPREME COURT OF WASHINGTON 140 Wn.2d 568; 998 P.2d 305; 2000 Wash. LEXIS 287; CCH Prod. Liab. Rep. P15‚893; 41 U.C.C. Rep. Serv. 2d (Callaghan) 357 October 26‚ 1999‚ Oral Argument Date May 4‚ 2000‚ Filed PRIOR HISTORY: [***1] Appeal from Superior Court‚ King County. 95--2--31991--2. Honorable Phillip Hubbard‚ Judge. DISPOSITION: Court
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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Business Law Unit 2: Negligence and Duty of Care Kaplan University 7/13/13 Negligence and Duty of Care Gloria Rodriguez Business Law August 12‚ 2013 Negligence and Duty of Care Scenario: As pedestrians exited at the close of an arts and crafts show‚ Jason Davis‚ an employee of the show’s producer‚ stood near the exit. Suddenly and without warning‚ Davis turned around and collided with Yvonne Esposito‚ an 80-year-old woman. Esposito
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