likelihood that she will succeed if she goes to court. Her claim will be based on the tort of negligence‚ the Duty of care‚ the Standard of Care‚ the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the defendants fault. Negligence is carelessness and to succeed in a negligence action‚ the plaintiff must generally show that the defendant was at fault. It is regarded
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Legal History was the famous 1928 civil case Palsgraf V. Long Island Railroad Co. (248 N.Y. 339; 162 N.E. 99; Courts of Appeals New York (1928) The unique facts of the case created a need for a new application of the generally accepted theory that “negligence is the absence of care‚ according to the circumstances of the case”. (Benjamin Cardozo‚ 1928 N.Y. Lexis 1269; 59 A.L.R 1253). The famous accident occurred at the Queen’s Jamaica Station on the morning of Aug. 24‚ 1924. According to New York Times
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ESSEX INTERNATIONAL COLLEGE Programme: Unit Number: Unit Title: Unit Code: Credit Value: QCF Level: BTEC Higher National Diploma (HND) in Business 05 Aspects of Contract and Negligence for Business Y/601/0563 15 4 Writer of the brief: Internal Verifier name: Mr Alfred Dr. Keith Learning outcomes and criteria covered by this assignment: All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio
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Compensation Claims Contents Employers’ duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory duty Defences against a claim Contributory negligence "Violenti" rule Vicarious liability - when the employee is negligent Strict liability - when the employer is not negligent Limitations on timescales for claims Damages Procedures when a claim is made Letter of claim
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INTRODUCTION This report focuses on the identification of the aspects of contract and negligence for business. There are agreements and contract in every business in recent than before. Verbal agreements are usually no longer used by the businesses. Written agreement in the form of contract is ore preferable to all. But‚ the profitability of contract is incomplete if the regulations and aspects are unknown. Well acknowledgement of contract in business provides a legal documentation securing the
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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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on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. Wiretime‚ Inc.’s ad in the well-known industry magazine stated that BUGusa‚ Inc. electronic recording devices are low quality and not reliable for more than a month (University of Phoenix‚ 2013). This tort is defamation since it can harm the company’s reputation. This written defamation‚ or libel‚ falls under the element of specificity because
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INTRODUCTION Law of tort dominates civil conduct in all aspects of life and numerous of violations of duties are all distinctly set. It provides remedies for certain civil wrongs that have not been arisen from the contractual duties. Under tort law‚ whether it is an intentional act or accident‚ the injured victim (plaintiff) may be capable to recover damages from the person that liable for the harmed caused (defendant). Negligence is the most significant and developed category of tort in terms of money
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Torts and Cyber Torts Jennifer Parr Business Law I/LS311 March 13‚ 2012 Jeffrey Hazard Torts and Cyber Torts There are several torts that can be brought to court depending on the situation at hand. There are also several ways that the plaintiff can be compensated for the actions that are being brought about by the complaint. A negligence tort against Jason Davis was brought on by Ms Yvonne Esposito regarding duty of care. Ms Esposito was knocked down while trying to exit
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include a claim of negligence on the part of the employee Bertha‚ since she threw the patron in the direction where the head injury would not likely have occurred. Also‚ the case deals with the rights of an occupier of property to eject a person from property‚ and the application of force in the exercise of rights. The main issues found in this case are: What is the status of the drunken patron once he was requested to leave the premises in the first instance? Did Bertha commit a tort by taking the
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