Example Of Negligence In Business Law

Example Of Negligence In Business Law
Business Law Analysis Assignment Brendan Young Niagara College Example 1: Negligence refers
to "unreasonable conduct, including a careless act or omission, that causes harm to another"
(Duplessis, O'Byrne, King, Adams, Enman, 2016, p. 225). The truck driver did show reasonable care
while at the intersection where he had the right of way. Furthermore, the driver did try to brake for
the pedestrian but unfortunately did not react in time to stop. Therefore, the driver does not owe the
pedestrian a duty of care. Even thou the pedestrian suffered serious injuries he would have a hard
time proving in a court of law that the driver has committed the tort of negligence because of the
remoteness of the incident. The pedestrian could try to sue the employer for vicarious liability but
that also would not likely yield a favorable outcome for the ... Show more content on
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Depending on the severity of the injury the driver sustained and how long he would not be able to
work would determine how much he could receive in damages in a lawsuit. Example 3: The driver
has committed the tort of negligence and owes the employee a duty of care because he did not slow
down due to the severe weather conditions. Indeed the defendant did breach the standard of care
with poor judgement in this situation. A reasonable person in law does not have to be flawless to be
held responsible for their actions. The plaintiff can sue in tort due to his injuries caused by the
careless act by the defendant. This injury was not remote and was definitely foreseeable. A third
party the owner of the store can sue for the property damaged that also occurred. The defendant
could try to prove that the plaintiff was partially responsible to reduce the damages he would have to
pay. In conclusion, contributory negligence would be hard to prove in this case the employee was
doing his job and not in the direct path of the
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Tort Law Of Negligence In Nursing Care
A tort law is a collection of rights, obligations and remedies used by courts in civil procedures that
provide relief to victims of legal, economic or physical harm. The tort of negligence is civil wrongs
brought by one's failure to exercise care against risks known to cause potential harm. It involves
three elements of duty of care, breach of duty, and resultant damage (McDonald, 2014). First on all,
the duty of care is the obligation to avoid acts or omissions, which are reasonably foreseeable to
cause damage to another. The breach of duty means failure to exercise proper care. The health
professionals have a duty of care toward their patients has been established in common law, when a
nurse fails to provide a reasonable and knowledge–base standard of care to the patient, and result the
patient avoidable harm (Glasgow, Dreher, & Oxholm, 2012). ... Show more content on
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In spite of the nurse found out the very high pulse and already reached the criteria of medical
emergency, however, she did not made a MET call or informed Dr. Ahmad, and even not increase
the frequency of observation. This nursing action is the breach of the tort law of negligence. In
addition, on the morning of 12 November 2007 Mrs. McKay–Hall's condition deteriorated rapidly,
her heart rate rose to 140 beats, respiratory rate above 40 and low urinary output. Senior nurse
Karen Pene who was allocated to patient's section on that morning. However, she did not reassess
patient's condition and made the nursing summary entry without read the observation chart. The
nurse Pene expected that junior nurse would report any concerns to her. This nurse's action as a
professional nurse is inappropriate and results in the damage to the patient. It is important to note
that when the nurse breached the duty of care, the third element must

What Is The Mccaarty Case Brief
Assignment I– Case Brief: McCarty v. Pheasant Run , Inc.
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty
was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately
fought off her attacker and he fled. The attacker was never identified nor brought to justice.
Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused
prolonged emotional distress which led to an early retirement. An investigation revealed that a
sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker
to gain entry into her hotel room. Mrs. ... Show more content on Helpwriting.net ...
In regards to the Mrs. McCarty's sliding door, it was equipped with a lock and an additional safety
chain. The safety chain was fastened but the lock was not used. This case had evidence of
negligence but none of strict liability. There were reasonable precautions in place.
Elements of Intentional Tort Tort law enables citizens to seek reimbursement for loss and or
suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is
non criminal and is dealt with in our civil judicial system. The categories of Tort Law include
intentional tort, negligence and strict liability. An intentional tort case is proved by the plaintiff
showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff
shows that the defendant did not act carefully as the law requires and therefore should be liable for
any damages to the plaintiff (1). The strict liability cases occur when a plaintiff suffers damages
even though the defendant acted carefully and with no intent of harm being done to them (1). During
a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact.
The evidence usually includes testimony of persons involved; witnesses as well as physical things
such as pictures, documentation/records, recordings etc...
How a Defense is Triggered A common defense is that there was a superseding

Negligence In Emergency Management Law
Emergency management law derives from federal, state and local laws which legal responsibility
may result in liability (Nicholson, p 393). When addressing the state law, the tort concept arise
known as negligence (Nicholson, p 393). Also, Immunities protect emergency managers under
certain conditions (Nicholson, p 393). The National Fire Protection Association and post–9/11
federal law generated new benchmarks for emergency managers to follow that resulted in federal
funds for the state and local emergency management performance (Nicholson, p 393).
Private and non–profit sectors plays a major role in a disaster operations providing unlimited
services that boost the effectiveness of government disaster response (both short and long term),

The Purpose and Intent of The Wrongs Act 1958
1. The purpose and intent of The Wrongs Act 1958 (Vic) as it relates to torts
The Wrong Act 1958 is a law most closely related to people 's daily life, that means it is a legislation
dedicated to set lawful regulation when someone in Victoria suffers from injuries of kind, he or she
shall be lawfully compensated for his injury that may related to financial losses. After hundreds of
years of development, Anglo–American tort law has formed a very sound legal system with
negligent torts occupies a very important position in Anglo–American tort law. Negligence
infringement is the core areas of The Wrong Act 1958 as well as the main forms of infringement.
Negligence tort is a risky action causing unreasonable harm to other ... Show more content on
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In the first standard–setting case, the jury 's task is to decide whether the defendant behave as a
reasonable person. Reasonable person is a completely imaginary person. A reasonable person is not
necessarily super cautious to all kinds of dangers. He is nothing more but a reasonable and prudent
man. Of course, the jury will be guided by the judge in deciding standard of conduct of a reasonable
person. For example, the judge will direct the jury to consider the factors including the emergency
situation, the perpetrator 's physical defects, religion, age, mental defects and so on. Violation of
statute
In most courts, if the defendant violates the statutory provisions of duty of care, the violation of laws
and regulations will be considered negligence just as a car ran a red light is a violation of traffic
rules. If a statute does not specify the duty of care, the court may determine relevant duty of care
implicitly established in the legislature through the judicial interpretation. At the same time, even if
a statute does not expressly or impliedly reflect legislative intent of the standard of care with
certainty, the court can still invoke the provisions of the law to determine the standard of conduct of
a reasonable person.
Breach of professional standards If the perpetrator is a professional with special expertise, such as
doctors, accountants, etc. The determination of their behavior standards will involve professional
negligence

Yunker V. Honeywell Essay example
Chapter/Case Questions: 1. Chapter 12, Yunker V. Honeywell, pg 456–459, Questions 1–4 1. The
court meant by its statement that negligent hiring and negligent retention "rely on liability on the
part of an individual or a business that has been on the basis of negligence or other factors resulting
in harm or damage to another individual or their property" (Luthra, 2011) and not on "an obligation
that arises from the relationship of one party with another" (Luthra, 2011). The court meant that
"negligent hiring and negligent retention do not rely on the scope of employment but address risks
created by exposing members of the public to a potentially dangerous individual" (McAdams, 2007,
pg. 457). 2. The court rejected the negligent ... Show more content on Helpwriting.net ...
According to the definition by the Florida Appellate court, "Negligent retention occurs when, during
the course of employment, the employer becomes aware or should have become aware of problems
with an employee that indicated his unfitness, and the employer fails to take further action such as
investigating, discharge, or reassignment" (McAdams, 2007, pg. 458). Since the record contained
evidence of a number of episodes during Landins employment after imprisonment where Honeywell
should have become aware if not already aware and have taken action, this is why the court allowed
for the negligent retention issue to go to trial. References Luthra, V. (2011). Direct Liability.
Business dictionary. Fairfax, VA : WebFinance, Inc. Retrieved from
http://www.businessdictionary.com/definition/direct–liability.html Luthra, V. (2011). Vicarious
Liability. Business dictionary. Fairfax, VA : WebFinance, Inc. Retrieved from
http://www.businessdictionary.com/definition/vicarious–liability.html McAdams, T. (2007). Law,
Business, and Society. New York: McGraw–Hill Irwin. Chapter/Case Questions continued: 2.
OSHA, Questions 1–4 1. Who can complain to OSHA? "Employees or their representatives have a
right to request an inspection of a workplace if they believe there is a violation of a safety or health
standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. In
addition, anyone who knows about a

Tort Law of Negligence Essay
Torts of negligence are breaches of duty that results to injury to another person to whom the duty
breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the
defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort
differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties
are breached by negligence and not by intent. Negligence is conduct that falls below the standard of
care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and
Corporation.E 2001). The standard measure of negligence is the universal reasonable person
standard. The assumption in this case is that a reasonable ... Show more content on Helpwriting.net
...
In 1970, Lord Reid said that Lord Atkin's dictum must to apply unless there was some support or
valid justification for its elimination Home Office v Dorset Yacht Co [1970] AC 1004. 3.2.1
Reasonable foreseeability Foreseeability' means whether a theoretical logical person' would have
foreseen damage in the circumstances. Proximity' is shorthand for Lord Atkin's neighbour principle.
It means that there must be legal proximity, for instance a legal connection between the parties from
which the law will attribute a duty of care. Note that a duty of care may not be owed to a particular
claimant, if the claimant was unforeseeable. 3.2.2 Analogies – recognized duties of care Establishing
whether not the current case is analogous to cases in which a duty of care already been determine.
For instance the category of which duty of care has been held not to exist. The law justifies all these
through the word responsibility. Everyone has a responsibility for their actions. This same word,
responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and
other similar persons are responsible for their wards and employees. I think this is also a balancing
of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may
be

Player Vs. Midwest University: A Case Study
Is the premium placed on winning, driving coaches to cross the line? Sadly, hundreds of athletes are
physically and verbally abused by their coach. In the case of the "player versus Midwest University,
the cause of action against the head coach, athletic director and the university can be severely
damage the coach's career and the university. The player has several options and should seek legal
counsel.
What exactly is a cause of action? Cause of actions, are "legal grounds upon which to sue, includes
contract disputes, employment discrimination and torts" (Sharp, Moorman, Clasuseen, 2014). In this
case, the primary cause of action would be torts, which include battery, assault, negligence,
intentional or negligent infliction of emotional distress, slander, invasion of privacy (Legal
dictionary, 2017). Coach is verbally abuses his players on and off the court. Compounded his
behavior further, he has been physically abusing ... Show more content on Helpwriting.net ...
Negligent supervision, "questions whether a manager acted reasonably in guiding and overseeing an
employee's actions. The degree and type of supervision considered reasonable is always related to
the particular circumstances" (Sharp, Moorman, Clasuseen, 2014). The athletic director has heard
the abuse and has seen Beam push and slap players on several occasions during practice. By not
disciplining Beam, the athletic director was negligent and the probability of the player winning in
court is extremely high. In addition to negligent supervision, the athletic director could potentially
face negligent retention. Negligent retention is "whether a manager acted reasonably in retaining an
employee's services. The issue arises when a manger receives negative feedback about an employee
or has direct knowledge of an employee's misdeeds yet does nothing to discipline or discharge that
employee" (Sharp, Moorman, Clasuseen,

Tort Law Reform And The Law Of Negligence
Introduction
A Tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists
where the law exists'' The question is, Where there is no debate or argument that a duty of care is
owed to customers, public, employees where possibility of a risk may occur, that the scope of
liability in the tort of negligence or breach of duty.
In 2002, a Review of the Law of Negligence in Australia conducted by panel and chaired by the
Honourable David Ipp (known as the IPP Report) and the Recommendation 28 of the Standard of
Care and Breach of Duty and Remedies/ Damages. As Stuart and Clark summarise, there has been
major hurdles across the country and codifying common law in the NT would be fruitless. "Tort
Law Reform. While the tort law reform process has been identified above as a driver in the move to
class actions, the system of reform undertaken at both federal and state levels has had a number of
important outcomes, namely reform to the law of negligence. Amendments to limitation periods, and
the capping, or extinguishing, of certain heads of damage.'
Definition of 'Duty of Care', and Standard of Care:
A Duty of Care – 'An Obligation imposed on a person to take reasonable care to ensure that they do
not cause another person to suffer harm. Duty is frequently determined by reference to established
categories, for example, doctors to patients: ; 109 ALR 62. When in doubt, there is no settled
methodology for establishing duty of care

Negligence In Sports
Negligence is a law that is used throughout today's society as one of the most sought after methods
of suing people and corporations. This law of negligence falls under tort law and is often the most
common legal issue faced in sporting. By defining, investigating and evaluating the issue of
negligence presented in the given sporting scenario; analysing the concerns of various stake holders,
there will be recommendations made that justify a suitable legal response while still considering the
elements of negligence. The above topic which entails the act of negligence on the sporting field is
seen as a more common issue with sporting players becoming more and more worried about having
legal action perused upon them. This is seen as an imbalance ... Show more content on
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Where cases that are being fought for compensation through the act of negligence there are many
defences that can be used that are suitable to both parties agreement. Common defences include
"Volenti non fit injuria" which the voluntary assumption of risk by the defendant; contributory
negligence and the illegality of the activity or act committed. "Volenti non fit injuria" is a common
law doctrine which states that if someone willingly places themselves in a position where harm
might result, knowing that some degree of harm might result, they are not able to bring a claim
against the other party in tort or delict. Contributory negligence in common–law is another defence
used in jurisdictions and is generally a defence to a claim based on negligence, an action in tort. This
principle is relevant to the determination of liability and is applicable when plaintiffs/claimants
have, through their own negligence, contributed to the harm they suffered. The statement of players
in sport unwilling to participate due to the risk of being taken to court for an injury they may have
accidentally caused that might occur during a sport is expected; as injuries that happen while
engaging in an activity of which you know there is risk involved is

Negligence And Its Impact On Society
Negligence is a tort that is a major focus point in how people and organizations interact with each
other. How the tort of negligence developed is critical for understanding who is held accountable
when a civil wrong has occurred. Negligence focuses on three basic elements: a duty of care, a
breach of said duty, and causation of damage. The goal of this assessment is to examine the
development of these three elements of negligence tort law in England, and hopefully explain its
significance in how it affects society. First, a duty of care must be established for a legitimate
negligence claim. The concept of a duty of care is that it demonstrates the defendant (the one
wrongdoer) had some sort of responsibility to take care of the claimant (the wronged party who is
bringing forth the claim). In English law, the landmark case that conceived the idea of establishing a
duty of care was Donoghue v Stevenson (1932 UKHL 100), a case involving a woman who drank a
bottle of ginger beer and found a dead snail in the bottle, thus bringing suit against the manufacturer.
The House of Lords ruled in the claimant's favor, stating the manufacturer does owe a duty of care
to the consumer. Arguably the most integral part of the ruling in Donoghue is where Lord Atkin
states:
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would
be likely to injure your neighbor. Who, then, in law is my neighbor? The answer seems to be –
persons who are so closely and

Negligence Or Strict Liability?
Negligence or Strict Liability? A Study In Biblical Tort Law
The Bible, specifically, the Old Testament, provides numerous examples of torts and the remedies
afforded for such offenses. The Bible is also the guide for moral conduct, with the best example
being the Ten Commandments. In the Old testament, there are multiple references to moral and in–
moral behavior, torts, civil and family matters. Exodus 21:18–22:6, provides the best examples of
tort law in biblical times. To that end, the instructions communicated directly from God to Moses to
"set before" the Israelites (21:1). They are as follows: 1. Men Quarrelling (21:18)
2. The Goring Ox Scenarios (21:28–32)
3. The Uncovered Pit (21:33–34)
4. The Grazing Cattle (22:5)
5. The ... Show more content on Helpwriting.net ...
Another issue is damages, particularly for a human life. It appears that there is no payment sufficient
for real "damages," yet one can be "redeemed." When damages involve property, it is handled much
differently, depending upon the level of moral responsibility. In modern society and negligence, the
loss of life at the hands of a negligent party, carries punitive or a greater monetary value depending
upon the circumstances causing the loss of life. An example, a motor vehicle operator causes an
accident, which resulted in loss of life. It was later determined the vehicle operator was driving
while under the influence and the blood alcohol level was over the legal limit. Because of their
blood alcohol level, the monetary compensation and value of the cause is much higher due to the
egregious behavior and decision of the operator to drive while under the influence. In this scenario,
one could argue both strict liability due to the driver operating a motor vehicle while under the
influence as well as the operator's negligent behavior in the operation of the motor vehicle.
The Uncovered Pit (21:33–34): In looking at modern day negligence, a reasonable, prudent person,
having knowledge of a pit that poses a potential hazard, should take every precaution necessary to
prevent injury or harm to another. Having knowledge of the pit, in essence satisfies some degree of
strict liability; however, the negligence aspect

The Case V. Long Island Railroad Co
Introduction
Different case laws are referred while representing any case in the court; however seminal cases are
different as it can be regarded as the case in which revision of proposition or legal definition
occurred. It is a scenario when first revision or addition of any clause is done to any legal clause,
which is done to have a better understanding and judgement on the given scenario. In this report, the
seminal case on the causa proxima clause of negligence will be evaluated in detail.
Summary of the case
The case Palsgraf v. Long Island Railroad Co is between Palsgraf who is the plaintiff in the given
case and Long Island Railroad is the defendant in the case. In the given case there was a passenger
who was waiting for a ... Show more content on Helpwriting.net ...
However, in this case dissenting opinion was of higher importance than the deciding opinion. The
case was carried on the trail court which gave decision in favour of Ms. Palsgraf, then the case was
appealed at intermediate New York which has also given decision in the favour of Ms. Palsgraf; then
it was taken the court of appeals, highest court in New York which provided the reverse decision and
dismissed. This was a classical example in the tort law.
In this case, the dissenting opinion changed the course of the case, provided new directions but
leading to the formation of new clause under tort law. In this case, question was raised against the
guard position and it was held that as guard did not know anything about the material within the
parcel, he should be held responsible for the harm caused to the plaintiff (Miller & Cross, 2011).
However, with a new perspective of causa–proxima the whole scenario received a new perspective.
Violation of laws
According to the code of ordinance of city of New York, no passenger is authorised to carry
explosive. This case was regarded as the law of negligence and tort; it is failure to obey the duty on
the part of guard and the Long Island Railroad Co. According to the duty of care, there are number
of hazard involved according to the nature of the task; for instance breaching a legal duty may lead
to the occurrence of hazardous situation(Abbott, Pendlebury, & Wardman, 2007). Any act will be
considered to be negligent when it

Explain The Duty Of Care Within The Law Of Negligence
The law of negligence covers a broad spectrum, with negligence being defined to apply in 'any
situation where a defendant has breached a duty of care owed to a claimant'. This essay will seek to
look into the different areas within the law of negligence, to assess Lord Toulson's assertion in
Micheal v Chief Constable of South Wales (2015) . There will be a primary focus on his notion of
'incremental growth' , 'argument by analogy' , and the necessity of 'policy considerations' , with
particular regard taken towards the mixture of policy considerations, in an effort to determine
whether some areas, such as social costs, are weighed more heavily than others. Due to the wide
breath and material covered under the law of negligence, this essay ... Show more content on
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Furthermore, the Ann's test similarly reflects this notion of limiting potential claims by specifying a
'sufficient relationship of proximity based upon foreseeability' between claimants and taking
considerations on policies which could negate a duty of care. This explicit acknowledgement of
policy considerations illustrates how the courts are keen to prevent the floodgates opening, as a large
volume of new claims could swamp the court's resources. However, in particular to the Anns test,
the incremental growth of law and the implementation of the Caparo test didn't emerge from a lack
of policy consideration, but rather from no recognition of previous policy, as 'it was not necessary to
bring the facts of that situation within those of previous situation where a duty of care had been held
to exist' within the Anns test. This draws parallels with Lord Toulson's idea of an 'argument by
analogy for extending liability' . The fact that there was no homage paid to previous case law in
determining a duty of care may contribute to the necessity of implementing the 3 stage Caparo test ,
as it is necessary for courts to be consistent in their rulings so that people know where they stand
under the law. This notion is supported by the

Substantive Law: Negligence In Court Case
negligence, what will be key is the subcontractor agreement provisions with regard to applicable law
and venue governing the agreement, as well as service of process.
Substantive Law
First of all, a caveat is in order. Since I am not a licensed attorney, nothing in this section regarding
substantive law should be construed as providing legal advice. Rather, this section presents a
succinct overview of some of the most relevant law (found online, in textbooks, and via Westlaw at
the county law library) and legal arguments as applied to the facts of the case in preparation for
hiring a litigator. It is worthy of note that the fact pattern in this case is unusual in that there were
continuous failures by both parties to detect the presence of ... Show more content on
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(2016) as being that "...the defendant's conduct violated that duty" (p. 137). Widget Corporation
breached its duty of care by failing to ensure that all of the widgets sent were the correct ones.
Plaintiff may also argue that Widget Corporation failed to follow–up with Lyle or the employer
subsequent to the installation to help ensure that the job was done correctly. The Texas customer
breached its duty of care by failing to notice that there was a wrong widget and, in turn, instructing
Lyle to proceed with the installation, plus failing to inspect the installation after Lyle left. As
previously noted, the employer may offer evidence that the wrong widget was nearly identical in
appearance to the correct ones to counter this duty, but this would be a matter for the court to decide.
Additionally, the employer may wish to counter that the employee contributed somehow to the
injury such as by failing to detect any potential irregularities in the functioning of the machinery.
However, as a Texas workers' compensation non–subscriber, the employer will be barred from
raising contributory negligence by the employee as a defense (Westlaw, n.d.). Lyle breached his duty
of care by failing to notice the wrong widget, and as well as the indication it was the wrong widget
when he could not get the bolts to tighten to specifications and instead left the job site just to get to
his son's soccer game. Not alerting Widget Corporation that he could

Child Negligence Informative Speech
I came here to talk about a very serious issue that is happening and probably will continue
happening throughout the years. I'm here to talk about child abuse. . Child abuse is a serious issue
that happens everyday, all around the world. There are so many global issues happening and I
decided to focus on child abuse. As a child, thinking that the kid being abused right now could be
me. 1 billion kids in 2014 were abused either sexually, physically or emotionally. Thinking that It
could be me marrying a guy I literally don't know just because they make me do it. That is why I
chose child abuse. Child abuse is a very open topic that's why I decided to tighten what I was going
to focus on and so I decided I was going to focus on child negligence. ... Show more content on
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Parents with mental health disorders are more rare but mental health can be a serious issue, it
depends on what mental disorder. Single parenthood is a common reason child negligence happens.
Parenthood is hard and tuff, If you were to do it alone it gets twice as hard making the taking care if
children a hard tak to do making people give no interest on it.
Child negligence in Perú is very common, the factors that contribute to child negligence abounds in
Peru, specifically poverty, drugs and single parenthood. Out of ten, two persons in Peru live in
extreme poverty. 78% of women that give birth in public hospitals are single mothers. About
164,019 cases were found on child abuse in Peru. 55% was psychological abuse, 165 was child
negligence and 13% for sexul harrasment (UNICEF Peru). In Peru, there are laws that involve child
abuse, but not specifically child

The Pros And Cons Of Negligence Law
A) The topic concerning this case is negligence law. The issue is whether Simon would be
successful perusing a negligence claim.
Establishing negligence requires the plaintiff to prove the three elements of negligence before a
court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was
breached, and that the harms suffered were directly related to the defendant's breach. For a
successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been
the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed
to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered
would have been reasonably foreseeable due to the actions or omission of the defendant. In this
case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide
sufficient supervision could result in injury when considering the nature of the environment they are
in and the age of the students. Therefore, the first element is satisfied.
The Civil Liabilities Act 2002 defines negligence as a failure on the part of the defendant which
results in the harm of the plaintiff which could have been prevented by taking reasonable care. The
breach of duty must be foreseeable, Sullivan v Moody. The risk must be not insignificant, and a
reasonable person under similar circumstances would have taken precaution against the harm. In this
case

Negligence Of Negligence Falls Under Tort Law
.0 Introduction Negligence is the failure to exercise due care or diligence that a reasonable or
prudent man would exercise in similar circumstances. The law of negligence falls under tort law
where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort
is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is
awarded in damages. Tort law rests upon two principles that state that an act or omission by the
defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007).
Secondly, the interference caused by the defendant gives rise to a cause of action for damages that
are as near as possible to the plaintiff's loss. Therefore, negligence can be defined as doing
something that a reasonable man would not have done in similar circumstances or failure to do what
a reasonable man would have done which amounts to infliction of harm.
2.0 Background The main idea of the law of negligence is to ensure that people exercise reasonable
care when they act by measuring the potential harm that may foreseeably cause harm to other
people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of
property of personal injury. Therefore, a person cannot be liable for something unless they have
been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke,
2005). There is more to

The Importance Of The Common Law Approach To Negligence
In recent years, Queensland has made changes to legislation in this area of law after seeing an
increase number of negligent claims. Professional negligence claims include all areas of the health
industry, workplace incidents particularly within the building industry, education and personal
industry. The statement "the common law approach to negligence is all that is needed to effectively
regulate this area of law", is not entirely true as a more detailed and harsher approach to negligence,
such as legislation, would be greatly beneficial in approaching negligence. "Common law is defined
as law that has been developed on the basis of preceding rulings by judges. Statutory laws are
written laws passed by legislature and government of a country and those which have been accepted
by the society." (Diffen, 2017). It is argued that common law is simply not enough to adequately
protect Australian citizens in claims of negligence. Hence in courts it could be argued that common
law application is unreliable due to the myriad of circumstantial negligent situations. Therefore
government intervention provides a safety net for courts to apply legislation to each case. The
purpose of this essay [presentation] is to disprove that common law is all that is needed in the
interpretation of negligent cases. This will be achieved by examining the legislation and case law.
Parliament attempts to cover as many situations within civil law by legislating definition of actions,
defenses and

Law 421
| Tort Actions | Week 3 Law 421 | | David Tiffany UOP | Shalandrea Jones | October 29, 2012
|
Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can
result in injury and harm this is usually the basis for the claim. Torts are punishable by
imprisonment but in most cases tort law is to provide relief for damages and to stop others from
doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical
expenses or present and future.
Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts
include intentionally ... Show more content on Helpwriting.net ...
Almost every jurisdiction a person is responsible for all losses and damages that result from his or
her negligence. With certain exceptions owners, people who handles pets, and people that harbor
pets can be held responsible for injuries caused by their pet. Negligence is also defined as the lack or
ordinary care. An example of an unreasonable action would be a dog owner letting go of his dogs
leash when another dog approaches so that the dogs can play. An unreasonable action might be the
failure to keep a dog away from guest when it is prone to play rough or knock people down.
Negligence is also considered when an adult places a watchdog in the room with a sleeping infant. If
a person fails to protect a visitor from a potentially dangerous pet this falls under the doctrine of
premises liability. Landlords, landowners and management companies can be held liable and
responsible to their tenants failing to get rid of a vicious animal. The final example with the ferret
this is an example of negligence. Any animal has the potential to be vicious if it exposed to new
people or feels threatened. So if the homeowners have company it is best to keep the ferret in a cage
or in a room with the door closed to avoid possible injuries to their guest. If the pet owner follows
all necessary precautions an incident occurs then they will not be liable for the incident if one
occurs.
References www.lawcornell.edu www.lawexpert.com

Respondeat Superior Notes Essay
* Respondeat Superior * If an employee is within the course and scope of his employment is
negligent, both thte employee and the employer will be liable. * Sue just employee: F the employee
has adequate coverage; and the employee is liked in the community * Sue just the Employer:
Disliked Employer, and sympathetic employee that you do not want in the court room. *
Consideration that the judges take on * Ex: Hypo – Runner is in the course of business, and doing it
in a manner in a manner which he would expect him to do it. The law firm would be responsible if
he ran a stop sign and hurt someone. * Rationale: The employee is better able to pay the victim. The
employer is getting the ... Show more content on Helpwriting.net ...
412) Makes sure that the owner insurance policy steps up to pay when the owners care is used in a
wreck * NC: Use creates a rebuttal presumption that there is permission, and the insurance policy is
involked * The person who is in the car when someone is driving negligently, do not make you
liable. * Indemnification * Make the D play the Employer back for the damages that they had to pay
out. Fully pick up your liability instead of contributing. * If we had to pay, then we can get it back
from him. * This is indemnity is a complete shifting of t he loss form the VLD back to the active D
* If we are both in the case we can file a cross claim for indemnification, or we can have a spate
action afterwards for indemnification. * We have to show: * You have to give the runner timely
notice of the settlement so that the can object if he wants to * The runner was liable – the you did
not settle a case that would have been won * The amount we settled for was fair and reasonable *
Ways to do this – Use other verdicts in similar cases, look at the out of pocket damages were, the
strength of the negligence case would be a factor. * Joint and Several Liability and Contribution *
J&S L imposed in 2 situations: * Tortfeasor acted in concert * Both acted but we cannot tell who is
the cause

Case Study
Introduction to Business Law Individual Assignment–1 Suresh.Gouri Pae2008 (A) What action or
actions in tort may the commercial prawn trawlers claim against Megabucks Ltd? Issue: Does
Megabucks Ltd owe duty of care , yes they owe duty of care because of their 'negligence' the
commercial prawn trawlers were unable to fish in the bay for 12months. The commercial prawn
trawlers can certainly claim the damages from the Megabucks Ltd who has failed to perform their
duty of care. To be liable for negligence to another person, a person, a person must owe a legal duty
of care to that other person, One explanation is that a duty of care means a duty to take reasonable
care or to exercise reasonable skill( both duties) ( The ... Show more content on Helpwriting.net ...
Reliance: Reasonable reliance is an important element of a duty of care, In addition, the defendant 's
knowledge and control and the plaintiff 's vulnerability can point to a duty of care being owed.
Apply: Whether a duty of care exists in a particular situation is a question of law and not fact this
means that the judge decides if there is a duty of care (a question of law). If there is a jury, it decides
whether the facts fit the duty of care ( a question of face). The classic test of when there is a duty of
care under the "neighbour" test of Lord Atkin in Donoghue v Stevenson is the place to start.
Neighbour Test: In English law there must be, and is, some general conception of relations giving
rise to a duty of care, of which the particular cases found in the books are but instances. The liability
for negligence, whether you style it such or treat it as in other systems as a species of 'culpa ', is no
doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay.
But acts or omissions which any moral code would censure cannot in a practical world be treated so
as to give a right to every person injured by them to demand relief. In this way rules of law arise
which limit the range of complainants and the extent of their remedy. The rule that you are to love
your neighbour becomes, in law, you must

Medical Negligence And Medical Negligence
MEDICAL NEGLIGENCE RHEA DALAL BBA LLB ROLL NO– 16
"If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish."
In India doctors are treated as second life saver after God. The standard of care should be more so
that the cases of negligence may not arise. Nowadays Indian society is experiencing a growing
awareness regarding the patients right as the number of case of medical negligence has increased
drastically.
A doctor can be charged with criminal negligence when a patient ... Show more content on
Helpwriting.net ...
The protection of patients right should not be at the cost of professional integrity. When an FIR is
filed against a doctor for the death of a patient under treatment than the doctor can be arrested and
can be punished for 2 years of imprisonment under IPC section 304A.
But if the doctor has not charged any fees for the treatment of the patient than, the doctor cannot be
sued for medical negligence. The patient requires proper care as they suffer from disease and
treatment is been provided, it becomes the duty of the hospital as well as that of the staff members to
take care of the patient.
In the case of:
Aparna Dutt V. Appollo Hospital Enterprises Ltd
It was held in this case that the staff members of the hospital had not taken proper care of the patient
and so the court held liable the hospital thus it is the duty of the staff members also to take care. The
doctor is not held liable for every injury caused to the patient, the injury cured only under his
treatment can only be held liable if proper care is not taken by the doctor. It should show all possible
reasons for the injury caused than only the compensation can be

Negligence Law And Negligence Case
Eric Kurss
Hospitality Law
December 5, 2014
Final Term Paper
Negligence
Rule of Law In the court of law, negligence can be described as an unintentional tort. Negligence is
a duty to the plaintiff (party which sues) that the defendant (party being sued) owes, based on a
breach of promise to exercise care and safety. The plaintiff must prove that the defendant's actions
fell short of a "reasonable" standard. To prove a negligence case, there are several foundational
requirements that must be present in order to carry out a trial. The first being, one must establish a
duty of care, or relationship between the plaintiff and defendant. The simplest form is one's
obligation to the world, in which you must act in such a way to not put another person in
unreasonable risk of harm. In the cases being presented, Fudge v. The City of Kansas City, and
Purton v. Marriott International, this duty of care is established as Delmar Henley and James Fudge
were citizens of the same town but did not know each other prior to the accident, nor did Dr. Jared
Purton nor Michael Landri (of Marriott) have a prior connection. The second step is to determine the
duty owed to the defendant. In our cases, monetary compensation were at stake. Proximate causality,
or primary cause of the sustained injury represents the third foundation, and an act from which an
injury results and ultimately answers the question as to whether or not the defendant's action is
closely enough related to the plaintiff's

Business Law: The Case Of Negligence
Oscar was in a written agreement with Newton University to teach two business classes on Tuesday
and Thursday at 9:00 to 10:15 AM and 11:00 AM to 12:15 PM. However, 7th March 2009 at 10:55
AM, when Oscar collided with Rosa and Lucia, was on Saturday. This means that Oscar was not
working in the interests of the employer, but on his own interests. Despite being within the
stipulated time and environment, Oscar was not working within the agreement of the contract. In
this case, Oscar can be said to be negligent and is personally liable for his activities.
Rosa could make two types of negligence based on the situation of the accident. First, she could
place a case of proximate cause. This kind of negligence characterizes a conduct that poses

Law of Negligence: Case Studies
1. Alan was driving down a quiet country road in his new sports car, well over the speed limit. Bev
pulled out of her drive, not looking properly, straight into the path of Alan's car. Alan braked,
skidded and crashed in Bev's car. Bev was badly injured, though the damage to Bev's car has been
estimated at Â£6000.
Advise the parties as to any claim they may have in law.
To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed
plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff.
In order words, to prove negligence, the following elements must be proved: 1. The existence of a
duty on the part of the defendant to conform to a specific standard of conduct for the protection of
the plaintiff against an unreasonable risk of injury automobile drivers have a duty to drive with
reasonable caution so as to avoid collision with pedestrians, other cars, or property, which would
cause injury and damage. Any time a driver gets behind the wheel and drives, there is a foreseeable
risk that he could crash into something or someone and bring about harm. Thus, all drivers owe a
duty of reasonable care to others with whom they might come into contact. Here, as auto drivers,
both Alan and Bev owed each other a duty of reasonable care. Although Alan was driving along a
quiet country road and might not have been expecting other vehicles, when a driver is on any road,
there is always a reasonable

False Difficulty
True/False Questions
1. Fraud is defined as failure to use reasonable care in the performance of services.
Answer: False Difficulty: Easy
2. Most of the burden of affirmative proof is on the defendant under common law.
Answer: False Difficulty: Medium
3. The Ultramares v. Touche case held that auditors could be held liable to any foreseen third party
for ordinary negligence.
Answer: False Difficulty: Medium
4. The Securities Exchange Act of 1934 offers recourse against the auditors to a far greater number
of investors than does the Securities Act of 1933.
Answer: True Difficulty: Medium
5. The precedent set by the Hochfelder v. Ernst case ... Show more content on Helpwriting.net ...
Under the Restatement of Torts approach to liability the auditor is generally liable to the bank which
subsequently grants the loan for: A) Lack of due diligence. B) Lack of good faith. C) Gross
negligence, but not ordinary negligence. D) Either ordinary or gross negligence.
Answer: D Difficulty: Hard
16. An auditor knew that the purpose of her audit was to render reasonable assurance on financial
statements that were to be used for the application for a loan; the auditor did not know the identity
of the bank that would eventually give the loan. Under the foreseeable third party approach the
auditor is generally liable to the bank which subsequently grants the loan for: A) Lack of due
diligence. B) Lack of good faith. C) Gross negligence, but not ordinary negligence. D) Either
ordinary or gross negligence.
Answer: D Difficulty: Hard

17. Which of the following forms of organization is most likely to protect the personal assets of any
partner, or shareholder who has not been involved on an engagement resulting in litigation? A)
Professional corporation. B) Limited liability partnership. C) Partnership. D) Subchapter M
Incorporation.
Answer: B Difficulty: Medium
18. Under which common law

A Brief Note On Causation And Remoteness Within The Common...
ASSESSMENT A: Problem Question Introduction I will advise each subsequent claimant with
regards to any actions they might have when focusing on issues of causation and remoteness within
the common law tort of negligence. Chico's case Issue Whether employers X, Y and Z are liable in
negligence for Chico's injury because they exposed him to asbestos. Relevant Law Causation
Fairchild Barker Compensation Act 2006 s.3 Application In most cases the 'but for' test is the
method used for establishing factual causation. 'But for' the defendant 's wrongdoing, the claimant
would not have suffered damage. However, causation becomes problematic when more than one
cause arises, since the onus is upon the claimant to establish which party caused their injury or loss.
The material elements test is crucial to cases relating to mesothelioma. A claimant suffering injury
must demonstrate on the balance of probabilities that the defendant 's tort caused the injury or loss.
The claimant must then demonstrate that there is more than a fifty percent likelihood of the cause
being the breach of duty of the defendant. If there are multiple causes then the burden of proof is
impossible to discharge. This has often left claimants uncompensated for an obvious breach of duty.
In Fairchild the House of Lords recognised that in situations wherein the claimant had been exposed
to asbestos at different times whilst working for different employers, it was impossible to satisfy the
conventional 'but for'

Medical Negligence Law
FIND ATTORNEYS WHO SPECIALISE IN MEDICO–LEGAL SERVICES The medico–legal
community has experienced a rise in medical negligence claims in the past six years, as patients are
becoming more aware of their rights regarding health care and medical treatment. South Africa has
struggled with medical negligence law in the past as there were inefficient procedures for patients to
make such claims. However, attorneys in South Africa are bringing experience and professional
legal services to the table to help the public receive justice and compensation after suffering from
medical negligence. Professional attorneys in South Africa Such attorneys can be found at Paul du
Plessis Attorneys. We have over 20 years of experience and specialise in medico–legal

Contract Law and The Tort of Negligence
The area of law in this story is Contract law. A 'contract' is a written legally binding agreement
consisting of typically an offer and acceptance, between individuals or companies, who have to
fulfil the legal requirements. The contract involved as stated, an "offer", which is a communication
of willingness to carry out an action on certain circumstances, which are made with the purpose that
an compulsory agreement will exist once it is accepted, and an 'acceptance' which is the ultimate and
complete agreement to all of the terms of the offer. There are two types of offer, which are;
'unilateral offer', that is capable of being made to the world as whole– Bowerman v ABTA, and
'bilateral offer' which is made to a certain individual or group. In this specific story, it can be seen
that, there has been a bilateral offer that is made to certain individuals which are in the same
category of expertise; who are Basil and David, which were offered the same job by Albion Ltd. As
they both requested further detail rather than providing a clear acceptance, it can be seen that the
offer can still be considered as open. It can also be seen that a short period after on May 22nd, there
had been a bilateral offer by Albion Ltd to Basil only, offering a job of becoming the sole distributor
of the stapler with a 10% commission. Albion Ltd makes it clear that, if an answer is not received by
31 May, it will be assumed that it is acceptable to him. In order to get an

Negligent Tort
Negligence is a tort law and it falls within the civil law which means a civil wrong has been
committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts
as situations that occur when the wrongful conduct of one party causes harm to another individual
(WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she
or he owes a duty, as required by law under the circumstances. Negligent torts are not committed
purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law,
2014).
A negligent tort is caused by negligent behavior, and this includes a person's failure to practice due
diligence and the negligence committed can be ... Show more content on Helpwriting.net ...
Small injuries or damages may occur when products malfunction, death may occur, or there could
be damage done to ones property. The company could face possible lawsuits and in order to prove
negligence, an individual must have had a duty of care, which is defined as having responsibility to
act in the best interest of another. A company must always be ready to defend itself in all the
possible issues that may arise and cause any form of lawsuit (WiseGeek, 2003).
Recalled Product
Even though businesses do not like to recall its products, but when there is a safety problem
involved a recall takes precedent over rather a company will lose money. Recalls are necessary to
protect consumers from injuries, and to save lives. Recalls are beneficial to everyone when
expedited effectively. From the act of negligence a company could publicly be exposed which could
result in profit loss due to consumers being afraid or refuse to purchase the product, and the stock
values could fall if the company is publicly traded. This can be very damaging for a business and
could ultimately force the company to go out of business (Seaquist, 2012).
The U.S. Consumer Product Safety Commission (CPSC) is an independent regulatory agency
responsible for protecting the public from unreasonable risks of injury and death associated with
consumer products. The CPSC has jurisdiction over approximately 15,000 different types of
products used in

Law with Tort of Negligence
Problem Questions ––––––––––––––––––––––––––––––––––––––––––––––––– Question 1 Based
on the question, the issue in the question is will there be a contract of sale of goods act 1895(SA)
under s 1? Hence, the law is s 1 where a contract of goods is a contract whereby the seller transfers
or agrees to transfer the property the goods to the buyer for a money consideration based on the case
Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale
of goods act there is a contract form between me and Mandela where I have agreement, intention
and consideration to buy the armchair from Mandela, thus contract is form. Besides that, armchair is
considered goods and there is consideration of money where I ... Show more content on
Helpwriting.net ...
Furthermore, I purchase the armchair under trade and commerce whereby under mutual
communication, and I negotiated 30minutes orally with Mandela (salesperson) to sell me the
armchair with $1500. Moreover, Mandela conduct was misleading or deceptive where he stated he
sits on the armchair all the time where he actually doesn't sit on it and the fact that the chair was
actually fragile. Refer to Taco Bell to determine whether the conduct is misleading or deceptive that
there are certain criteria to justify whether they are mislead or deceived. First, the conduct is based
on me which is justified the targeted by the conduct of the defendant. The time I was in Tyson's
shop, Mandela forms an erroneous conclusion to me, that the armchair is safe and can be used as
furniture where it was not the fact. Hence, proves the conduct by Mandela skilled of being
misleading or deceptive. In conclusion, Mandela has breach the 3 elements in s 18 of ACL for
misleading and deceptive. –––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––– Question 3 Based on the question,
Tyson is the owner of the shop (Principle), Mandela is the store manager and also salesperson
(Agent) and I am the buyer (Third Party). In the question the issue is whether or not Mandela had
authority to sell the chair at that price under Agency scope of

The Theories Of Law That Apply Strict Product Liability...
In this court case there are two theories of Law that Apply, Strict product liability and negligence.
These theories were originally applied under Delaware law in the case, Stark ex re. Jacobsen V. Ford
Motor Co. Thus raising the inquiry of how these theories may have varied had the case's venue been
located in Indiana. According to the West's Indiana Law Encyclopedia, " In Strict–Liability actions,
the plaintiff must prove that (1) the product was defective and unreasonably dangerous, (2) the
defective condition existed at the time the product left the defendant's control, and (3) the defective
condition was the proximate cause of the plaintiff's injuries" 27 Ind. Law Encyc. Generally ss 10
(2002). All three of these conditions must be met in order for strict liability to be present. The first
condition – the product must be defective and unreasonably dangerous – entails that the product in
some manner does not operate as it was intended and due to the defect the product poses a threat to
the well–being of whomever uses it. The requirement that the defective condition existed at the time
of the purchase is important because it requires the product to have been defective when bought, not
due to improper use by the purchaser. Finally, for strict liability to exist the defective condition must
have caused the plaintiff to suffer an injury. West's Indiana Law encyclopedia states that, "A product
may be defective within the meaning of the product liability act because of

Negligence in Healtcare Law
MBA 5101 Unit 1 Case Study Gary Campbell Our text defines a tort as "a civil wrong" and
negligence as "a tort, a civil or personal wrong" (Pozgar, 2012). Negligence as it is related to
healthcare is an unintentional commission or omission of an act that a reasonably prudent person or
organization would or would not do under normal circumstances. Not following a recognized
standard of care could be considered negligence. The case I have chosen to study is one from the
Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his
parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would
describe this as a landmark, "David vs Goliath" case ... Show more content on Helpwriting.net ...
Meaning the baby's head was down; however, unlike the usual presentation, he was facing forward
instead of inward, toward Ms. Fielding's spine. At 12:30 a.m., Midwife Muhlhan attempted to
expedite delivery while at Fielding's home. First, Midwife Muhlhan applied fundal pressure to Ms.
Fielding two or three times. Second, Midwife Muhlhan injected Fielding multiple times with
Pitocin, a hormone that increases the strength and frequency of contractions. Third, misjudging the
state of her labor, Ms. Muhlhan performed an episiotomy, which is a procedure performed upon
immediate delivery in which the perineum is cut in order to enlarge the vaginal opening. Finally,
Ms. Muhlhan directed Fielding to cleanse herself with a probiotic treatment, as an alternative to
taking antibiotics, in order to prevent the potentially fatal transmission of Group B streptococcus
bacteria (for which she had tested positive), to the baby during labor and delivery. After providing
these treatments, Midwife Muhlhan decided it was time to go to the hospital. Midwife Muhlhan
sutured the episiotomy and called an ambulance. Rebecca Fielding arrived at the Hospital at 3:30
a.m. on March 26, 2010. Fielding was an unknown patient to the Hospital and was
socioeconomically challenged. The Hospital's labor and delivery team evaluated Fielding's status
and determined the best way to deliver her baby. The team also applied a fetal heart rate monitor.
The medical records

Elements Of The Law Of Negligence
"In our judgement the law is clear. The ingredients of the offence have been clearly defined, and the
principles decided in the House of Lords in Adomako . They involve no uncertainty. The
hypothetical citizen, seeking to know his his position, would be advised that, assuming he owed a
duty of care to the deceased which he had negligently broken, and that death resulted, he would be
liable to conviction for manslaughter if, on the available evidence, the jury was satisfied that his
negligence was gross." Per Judge LJ R. v. Misra and Srivastava [2004] EWCA Crim 2375 para 64
(in the Court of Appeal Criminal Division) In light of the above comments, consider the elements of
the offence of Gross Negligence Manslaughter and, referring to ... Show more content on
Helpwriting.net ...
Lord Mackay LC, when considering the case of Adomako, said that ''the ordinary principles of law
of negligence apply to ascertain whether or not D has been in breach of a duty of care towards the
victim''. By looking at the above statement, it is clear that those same principles should apply in
determining these people to whom a duty of care is owed. These principles can be found in the
leading negligence case of Donoghue v Stevenson (1932). In this case, Lord Atkin in the House of
Lords said "you must take reasonable care to avoid acts or omissions which you can reasonably
foresee would be likely to injure your neighbour (...) persons who are closely and directly affected
by my act that I ought reasonably to have them in contemplation as being so affected when I am
directing my mind to the acts or omissions which are called into question''. It can be argued that this
goes much further than the traditional duty situations. If this examination is correct, then this form
of manslaughter has certainly a very wide scope. Nevertheless, the principles of criminal and civil
law do not always go well together. This is demonstrated by the case of Wacker (2003), which
involved the bodies of 58 illegal immigrants and two survivors which were found in a lorry at
Dover. The D was convicted of 58 counts of manslaughter by gross negligence

Aspect of Contract and Negligence of Business
Unit: 5 Aspect of Contract and Negligence of Business Assignment Cover Sheet I hereby confirm
that this assignment is my own work. I have identified and acknowledged all sources used in this
assignment and have referenced according to the Harvard referencing system. I have read and
understood the Plagiarism and Collusion section provided with the assignment brief and understood
the consequences of plagiarising. Table content I.Is Sam entitled to refuse to sell Bob the book?
.....................................3 1. Elements of valid contract:.............................................................3 2.
Different types of contract:............................................................4 A/ Written
contracts.........................................................................................4 B/ Verbal
agreements.......................................................................................4 3. Analyse terms in
contracts:............................................................5 II. Are the council entitled to rely on the
clause?................................................6 1. Apply the elements of
contract........................................................6 2. Apply the law on terms in different
contracts......................................6 2.1.Expressed
terms..........................................................................................7 2.2.Innominate
term.........................................................................................7 2.3.Implied
terms............................................................................................7 3. Evaluate the effect of different
terms................................................7
3.1.Express.....................................................................................................7
3.2.Innominate................................................................................................7
3.3.Implied.....................................................................................................7 III. Is Brian entitled to
claim the

Impact Of The Human Rights Act 1998 On Clinical
Impact of the Human Rights Act 1998 on clinical (medical) negligence
Tort law is a considerably old branch of English law, covering a wide range of areas within such as
defamation, nuisance, trespass and, most importantly, negligence. The latter set out the modern
concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in
twentieth century a number of fundamental elements were established in negligence, elevating its
significance above all other areas of tort law. Most problematic and difficult subgroup of negligence
is clinical negligence, where doctor are held to another standards. Nonetheless, the old foundations
were disturbed by the enforcement of the Human Rights Act 1998, which was a successful attempt
to incorporate the European Convention of Human Rights into English domestic law. It is applied
directly or indirectly into many areas of law, clinical negligence in torts in particular, adding
multiple complications as it has to comply with the new Act. The influence of the HRA is yet to be
fully researched professionally and amended. In attempt to explore the impact of the HRA 1998 on
clinical negligence this essay examines the reasons for integration of the HRA and issues it came
with and compares various types of negligence, liability of public authorities and remedies before
and after the HRA came into force.
The main difference between the HRA and the ECHR is that the former is the domestic legislation
and the latter is an international

Negligence And Negligence : Negligent Torts
Negligence
Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at
the actions of an individual or company that are not deliberate, but more so when an individual or
company failed to act toward as a reasonable individual should, to someone whom he owes a duty
to. Negligence action found in this particular tort can lead to personal injuries or monetary damages.
The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service
to the victim(s) in question, and the individual, or company, who owes the duty must violate the
promises or obligation; an injury then must occur because of the specific violation, and the injury(s)
cause, must have been reasonably foreseeable as a result of the person 's, or company's negligent
actions.
To prove negligence, plaintiffs have to demonstrate the four elements are present. First, they have to
establish that the defendant owed a duty to the plaintiff. Second, the plaintiff has to demonstrate the
defendant breached that duty. Third, the plaintiff has to prove the defendant's conduct caused injury.
Then finally, the plaintiff has to demonstrate legally recognizable injury (T & J, 2011).
I discovered a case that I personally found interesting; American Motorcycle Association v. Superior
Court, 20 Cal.3d 578, 578 P.2d 899 (Cal. 1978). This alleged negligence in this case where Glen
Gregos, a teenager, incurred a spine injury, he had his spine crushed in a

Felix's Case Study: The Negligence Law
Felix Frankfurter is a small, slightly–built senior citizen who loves to eat seafood, especially
prawns. He believes the best prawns sold in his suburb are at the local department store known as
Rooks. One Friday he arrived at the store to do his weekly shopping. He went to the seafood counter
and ordered 500 grams of green prawns for his dinner with his wife that evening. He was served by ,
an employee, who wrapped the prawns in a packet and then gave them to him. Felix then moved on
to do the rest of his shopping. Shortly afterwards Felix remembered that his wife said her sister and
her husband were joining them for dinner that night. He opened the packet with the prawns in them
to check their numbers and realised that there may not be enough for a meal for the four of them so
he decided to go back to the seafood counter to top them up. As he did this he was being observed
by a burly shop assistant known as "Grubby" Palmer some five metres away who thought Felix's
behaviour was suspicious. Palmer followed Felix as he made his way back to the counter. While
walking behind Felix, Palmer observed two or three empty prawn shells on the floor. Palmer also
noticed Felix was chewing. Just as Felix arrived at the seafood counter he felt a hand on his shoulder
turning him round. He was then confronted by Palmer who stood within 30 centimetres of Felix and
said to him in an aggressive manner: "You've been stealing prawns. I want to see inside your jacket
pockets to see where they

Example Of Negligence In Business Law

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