------------------------------------------------- Dear 2013 Commercial Law Students: ------------------------------------------------- ------------------------------------------------- To provide you with some guidance in relation to preparing answers to legal problems‚ below are the following: ------------------------------------------------- ------------------------------------------------- - A past exam question in this course‚ which was also set as an assignment in a previous year;
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Services Act‚ Building Regs. Express terms Implied terms Negligence ‘Nonnegligence’ Liabilities co-exist‚ also with overlaps between categories Negligence • The omission to do something that a reasonable person would do; or doing something that a reasonable person would not do. • Duty of care owed. • Breach of that duty of care. • Test is whether person has matched the abilities of a reasonable person. Professional Negligence • Professional person is presented as having special or particular
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" On the strength of the report given by the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a duty of care
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the individual for personal loss where the loss was caused by another person. It is based on Common Law. NEGLIGENCE - Negligence is one of many types of Torts. Negligence is now the dominant Tort and the focus of this topic. DEFINITION: Conduct that falls below the standard of care demanded for the protection of others against the unreasonable risk of harm. To establish a claim for Negligence the plaintiff must prove three essential elements:(1)
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refused to move off Assault - intentionally or negligently creating in another an apprehension of imminent harmful or offensive contact - unique in that the damages are for emotional reaction - the apprehension must be for battery (not negligence‚ conversion‚ trespass etc) – Richardson v Rix - doesn’t need an intention to harm - just an intention to create apprehension - apprehension is not fear – a brave person can still expect harm‚ and hence suffer assault - if the plaintiff
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QUICK FACTS DUTY OF CARE & NEGLIGENCE Both terms used in COMMON LAW. Duty of Care Exists between two individuals where there is an obligation on one party not to harm the other Duty is personal - owed by one individual to another individual e.g. an employer owes a DOC to each one of his employees There are several examples of where there is a recognised DOC - Employer/Employee; Doctor/Patient; Parent/Child; Teacher/Pupil The standard of care which must be exercised by an employer is
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CHILD AND MARY SMITH N/O/F : Plaintiff‚ : J. D. OF CONNECTICUT v. : AT NEW HAMSHIRE OD FAMILY CAMPGROUND‚ INC. : ROBERT TUTTLE : SUSAN TUTTLE : Defendants. : August 24‚ 2013 COMPLAINT COUNT ONE – NEGLIGENCE (OD Family Campground) 1. The Plaintiff‚ Shayla Smith a minor child by and through Mary Smith N/O/F‚ (Plaintiff)‚ is a resident of New Hartford‚ Connecticut. 2. Upon information and belief‚ Defendant‚ Owen and Dolly Jones Operate the OD
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wrong‚ which is an action brought to enforce‚ redress or protect rights or noncriminal litigation. There are many Torts‚ however‚ of importance is Negligence. Negligence is the failure to do something a person of ordinary prudence would do. Negligence protect against personal injury‚ damage to property and economic loss. In order to establish negligence four elements must be established. Firstly‚ the plaintiff must prove that a duty of care was owed. Secondly‚ the defendant breached that duty. Thirdly
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Contributory negligence means that the plaintiff has not been very careful in looking to their own actions so that‚ in part‚ their failure to assess the risk has given rise to the damage that has been suffered. The case that is used to define contributory negligence is Connors v Western Australian Government Railways Commission [1992] Aust Torts Rep 81-187. In this case between the defendant and the plaintiff it could be shown that there was some contributory negligence on the part of the
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dereliction of duty | medical malefaction | Medical mismanagement | Medical negligence | Medical violation | Abuse of patient | In discussion of medical malpractice with colleagues‚ X. Xin‚ LPN‚ states that medical malpractice is the inadequate care of a patient resulting in damage to the patient (personal communication‚ February 5‚ 2012). According to P. Jills‚ RN‚ medical malpractice is a form of negligence where a medical professional or facility breaches its duty of care‚ which in turn
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