Critical Case Review Response 1 In what ways are the Oakes and Keegstra cases similar and dissimilar? Both cases violated fundamental freedoms and more specifically Section 11(d) which is procedural & substantial protection of the Charter of Rights and freedom. The section was clearly violated with the presumption of innocence between both Oakes and Keegstra. Reverse onus was also shifted onto them both which is the ‘shift of the burden’ is placed onto the defendant. In this‚ Oakes had to prove
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Based on the facts above‚ Bex and Walton believe that the totality of the evidence would show that there was a preponderance of evidence tending to show that defendant was indeed negligent‚ for at least two reasons: 1) the burden of evidence ended with defendant‚ who failed to satisfy it; and 2) the greater weight of testimonies and object evidence supports the explanation provided by the plaintiff. Judging by preponderance of evidence‚ the defendant would be found liable. If it were judged by clear
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Assignments PLG-101-1401: Torts & Personal Injury Assignment 1 (based on class 1): View submitted answer Please find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: ) 1) What were the essential facts of that case? Watson and Dixon were both employed with Duke in the Sterile Processing Department of the Medical Center‚ when Watson began to experience
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Law Tort Law A tort is an act/omission in instances where by law there is a duty owed by one party/entity as against another to do or refrain from doing an act and a failure to comply results in civil liability To Establish Tort One Must Have: Duty of Care/Duty being owed Breach Harm/ Damage caused by that Breach Difference between Crime and a Tort Crimes are omissions or acts against the state while a tort is against private entities. Crime- Fine/ Imprisonment while in Tort- Damages/
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205 A‚ B and C A. Dear James‚ In my job as a Support worker I find my day to day work really fulfilling‚ it is enjoyable as I know I am making a difference in peoples lives. I support people in their homes to go about their lives and I have a duty of care to these people. This means I am responsible for their needs. It covers people who are physically disabled and cannot look after themselves. These people may require assistance with personal care‚ safety‚ meals and other medical or physical
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LEGAL MEMORANDUM October 5‚ 2013 To: ABC Board of Directors From: Andrea F. Bass‚ Corporate Counsel RE: Claim 1 from Jason who claims his manager discriminated against him because of his disability and failed to make reasonable accommodations for him to return to work after a serious motor vehicle accident. Issue: Will Jason prevail in a lawsuit against ABC Corporation for discriminating against Jason due to his physical disability and failing to meet his need for reasonable accommodation
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R601/1436 Unit 11 Principles of Implementing the Duty of Care in Health and Social Care in Children and Young People Settings Understand how duty of care contributes to safe practice 1 Explain what it means to have a duty of care in own work role Duty of care is defined simply as a legal obligation to : Always act in the best interest of individuals in care and others Not act or fail to act in a way that results in harm Act within own competence and not take on anything not believe we can
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Procedural History: Plaintiff brought suit against defendant for fraud and breaches of warranty. Summary judgement granted in favor of defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a
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Identify the relevant parties or players in the fact scenario: Bilbo Baggins is the plaintiff in this situation if he does sue for wrongful dismissal. The accusations around him provide facts to his situation. Orc Industries Corp would be classified as the defendants‚ as they’re the ones sued or charged with a crime. In this case‚ it’s in regards to wrongful dismissal charges. Which may only be relevant if Bilbo Baggins chooses to sue them for it. The two main players are mostly representative
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L.O 1.1 A duty of care is a legal obligation required by individuals within the work setting that they must obey by. People within the work setting must meet the required standard of reasonable care while doing tasks etc. that could potentially prevent the cause of harm to others. It is my responsibility while caring for children within my setting that I promote their independency and assist them to understand and exercise their own individual rights. I must follow the correct procedures and report
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