Question 1. Protesting is a declaration of objection‚ disapproval‚ often in opposition to something a person (group) is powerless to prevent or avoid. In this case‚ the protestors were greedy and went on strike in the hopes of getting shorter hours and better pay. In addition‚ other drivers were involved voluntarily and involuntarily‚ feeling like that they had an obligation to protest. The issue of this question is to determine the offences committed by the China national train drivers under
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known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm. In Victoria‚ the Wrongs Act 1958 (Vic) (the ‘Act’) is used to determine and administer negligence claims and damages. Section 48 The first component of a negligence claim is the alleged existence of a duty of care to the plaintiff
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THE DUTY OF CARE OWED BY TEACHERS TO STUDENTS For a student to succeed in an action in negligence against a teacher or school authority it is necessary for the student to establish: that the defendant owed a duty of care to the student; that the standard of care was breached; and that this breach has caused the student to suffer some form of damage. The duty of care owed to a student by a teacher is that of a ’reasonable’ teacher. This means that the duty of care owed is the duty one would
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Give detailed answers to the following questions. 1. What is an Agency? Agency is a fiduciary relationship “which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his control‚ and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known
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Essay to explain a typical shift‚ of a support worker‚ within a Social Service Residential facility‚ for people with a learning/physical disability. My job as support worker is based within a residential unit for eleven service users. It involves working day shifts on a fortnightly rotating rota. Before entering the unit‚ we have a code that we have to enter to allow us entry to the building. This code unlocks the front door‚ and is for safety and security of staff and residents‚ and complies
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CHAPTER ONE SUMMARY: A new state law mandates that all employers must prohibit smoking on employer premises‚ and is responsible to enforce this law whether it be an employee‚ customer or client smoking the employer is always required to enforce the law that no one can smoke there. ANALYSIS/ PERSONAL COMMENTARY: This is substantive law as it is defining the liability that the employer has to keep employees/clients/customers from smoking on the premises of their place of business. And I think
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Section 328A of the Criminal Code Act 1899 (QLD) relates to the offence of dangerous operation of a motor vehicle. It is stated that ‘a person who operates‚ or in any way interferes with the operation of‚ a vehicle dangerously in any place commits a misdemeanour’ (s 328A Criminal Code Act 1899‚ QLD). The main element in this section is established through the concept of ‘dangerously’. However‚ it is not clearly outlined in the Criminal Code Act 1899 (QLD)‚ what encompasses the element of danger.
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3. The choice to belong to a community or group can challenge or enrich. How has this interpretation of belonging been reflected in your texts? As You Like It | Precious | * Jaques’ self-isolation at the end of the play after the four weddings. * Jaques’ inability to adapt to the forest environment isolates him from the group and leads to his decision to return to court. * Orlando/Adam’s relationship. * Orlando/Oliver’s relationship – Oliver’s lack of support for Orlando and lack
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may be due to medical negligence. What is Medical Negligence? Medical negligence occurs when a doctor or other medical professional harms a patient. Misdiagnoses‚ improper treatment‚ or recklessness may all be considered medical negligence. Mistakes and other issues may also fall under medical negligence‚ depending on the circumstances involved. Common Types of Medical Negligence Many situations can lead to medical negligence claims. Some categories under medical negligence
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Tort Reform As with most debates fought in the popular press‚ there is some truth on both sides. At the center of this controversy is the way the legal system handles disputes or torts. A tort by definition is not just actions resulting in physical injury. Slander‚ fraud‚ and trespass are also torts. However‚ most of the argument on tort reform‚ concerns cases involving physical injury‚ medical malpractice and product liability. America is the most sue happy society in the world. We take our private
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