THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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crane. The plaintiff’s husband was burnt on the lip by a piece of molten metal because of the defendant’s negligence. However‚ the plaintiff’s husband actually had a pre-cancerous condition and the burn caused a cancerous growth. As a result‚ he eventually died three years later. The court held that the defendant was liable because the burn was foreseeable damage for the plaintiff’s negligence. It does not matter to what extent of the damage or injuries as long as the type of damage or physical injury
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LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents‚ who are employees and who commit the tort while acting within the scope their employment‚ in addition‚ it also makes the principal liable both for an employees’ negligence and for her intentional torts (pg. 944). On page 945 it states that most courts find that any employee’s conduct is within the scope of his employment if it meets each of the following four tests; It was the kind that the employee was employed to
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watchfulness‚ attention and caution that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts are considered negligent‚ and any damages resulting may be claimed in a lawsuit for negligence. 1.2. Describe how the duty of care affects own work role. As part of my role as a therapy assistant working in a health and care setting
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Explain what it means to have a duty of care in own work role Having a duty of care in your own work role is a requirement to avoid negligence and harm and the safeguarding of children under your care. Young children are very venerable and are almost entirely dependent on adults to care for them in ways that help to protect them from harm. This could be physically or psychologically‚ u must be aware of the signs that a child may be experiencing harm and know the correct procedures to deal with it
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Imperfection in liability system The products liability system has been criticized on equity‚ distributive‚ and efficiency grounds. The equity arguments often express a belief that cases should be inside on the basic afford and negligence. In particular‚ firm consider it in equitable to be assessed damage when there was nothing that could be done to prevent the injury. Objection had been made to the inability to use state-of-the-art design as a defense in cases governed by strict liability. In the
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APPENDIX W PULP AND PAPER Wi Wii APPENDIX W PULP AND PAPER MICHIEL P. H. BRONGERS1 AND AARON J. MIERZWA1 SUMMARY AND ANALYSIS OF RESULTS Corrosion Control and Prevention The $165 billion pulp‚ paper‚ and allied products industry supplies the United States with approximately 300 kg of paper per person per year. More than 300 pulp mills and more than 550 paper mills support its production. A typical pulp mill uses approximately 64 m3 of water per metric ton of pulp‚ and the combined
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Gravin’s inventory increased rapidly during 1980 and 1981. Nashwinter testified to the SEC that he often made excuses for the missing inventory and the auditors were always relaxed during auditing. This article presents the fraud and negligence case. Nashwinter committed fraud by
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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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