...negligence or a defective. It can be either someone who has put their name on a product through a trademark or brand. Another person that can potentially be sued is a person who brings in a good which does not meet regulations of the EU. Section three of the act defines what a defect is. A defect is when the product does not provide the safety which a person is entitled to expect. This is very contestable because expectation is subjective. In Bogle Vs Mcdonalds restaurants, Bogle said his coffee was defective because his coffee was too hot but he was unsuccessful because coffee is expected to be hot and he could not prove the temperature. Richardson Vs LRC products LTD. This is demonstrated in Richardson v LRC Products Ltd [2000] 59 BMLR 185 where a condom was held not to be defective even though the woman became pregnant, because there is always this risk of this happening. Similarly, in XYZ v Schering Health Care Ltd [2002] EWHC 1420 it was held that a contraceptive pill was not defective for causing cardiovascular problems because this was a known possible side effect. Another case involving section 3 of the Act is Abouzaid v Mother Care (UK) Ltd (21 December 2000, CA). In...
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...International Journal of Mental Health Nursing (2008) 17, 236–245 doi: 10.1111/j.1447-0349.2008.00539.x Feature Article Whose life is it anyway? An exploration of five contemporary ethical issues that pertain to the psychiatric nursing care of the person who is suicidal: Part one John R. Cutcliffe1,2,3 and Paul S. Links4,5 1 ‘David G. Braithwaite’ Department of Nursing, University of Texas, Tyler, USA, 2Stenberg College, Vancouver, Canada, 3University of Ulster, Jordanstown, UK, 4Department of Psychiatry, University of Toronto; and 5 Arthur Rotter Somnerburg Chair in Suicide Studies, St. Michael’s Hospital, Toronto, Ontario, Canada ABSTRACT: It is self-evident that ethical issues are important topics for consideration for those involved in the care of the person who is suicidal. Nevertheless, despite the obvious relationship between Mental Health nurses and care of the person who is suicidal, such nurses have hitherto been mostly silent on these matters. As a result, this two-part paper focuses on a number of contemporary issues which might help inform the ethical discourse and resultant Mental Health nursing care of the person who is suicidal. Part one of this paper focuses on the issues: Whose life is it anyway? Harming of our bodies and the inconsistency in ethical responses and, Is suicide ever a reasonable thing to do? The authors find that this contemporary view within the suicidology academe and the corresponding legal position in most western (developed) countries...
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...Cambridge University Press 0521804167 - Euthanasia, Ethics and Public Policy: An Argument Against Legalisation John Keown Frontmatter More information EUTHANASIA, ETHICS AND PUBLIC POLICY An Argument against Legalisation Whether the law should permit voluntary euthanasia or physicianassisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain hard cases, voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a slippery slope to the killing of patients who did not make a free and informed request, or for whom palliative care would have offered an alternative. How cogent is this objection? This book provides the general reader (who need have no expertise in philosophy, law or medicine) with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest readers in any country, whether for or against legalisation, who wish to ensure that their opinions are better informed. john keown is Senior Lecturer in the Law and Ethics of Medicine, Faculty of Law, University of Cambridge. His previous publications include Abortion, Doctors and the Law (1988) and Euthanasia Examined (1995). © Cambridge University Press www.cambridge.org Cambridge University Press 0521804167 - Euthanasia, Ethics and...
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...Criminology and Criminal Justice http://crj.sagepub.com/ Reconstructing the role of the appropriate adult in England and Wales Harriet Pierpoint Criminology and Criminal Justice 2006 6: 219 DOI: 10.1177/1748895806062982 The online version of this article can be found at: http://crj.sagepub.com/content/6/2/219 Published by: http://www.sagepublications.com On behalf of: British Society of Criminology Additional services and information for Criminology and Criminal Justice can be found at: Email Alerts: http://crj.sagepub.com/cgi/alerts Subscriptions: http://crj.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://crj.sagepub.com/content/6/2/219.refs.html >> Version of Record - Apr 21, 2006 What is This? Downloaded from crj.sagepub.com at Apollo Group - UOP on July 7, 2014 Criminology & Criminal Justice © 2006 SAGE Publications (London, Thousand Oaks & New Delhi) and the British Society of Criminology. www.sagepublications.com ISSN 1748–8958; Vol: 6(2): 219–237 DOI: 10.1177/1748895806062982 Reconstructing the role of the appropriate adult in England and Wales HARRIET PIERPOINT University of Glamorgan, UK Abstract The definition of the role of the ‘appropriate adult’ for young suspects in the Police and Criminal Evidence Act 1984 Code of Practice C is ambiguous and contradictory. This article argues that the role has been socially constructed by...
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...Adequacy of Legal Protection for Auditors Loganathan Krishnan Department of International Business, Faculty of Accountancy and Management, Universiti Tunku Abdul Rahman, loganathan@utar.edu.my This paper was presented at the International Conference on Emerging Issues in Public Law: Challenges and Perspectives, Faculty of Law, Universiti Teknologi MARA (UiTM), 13th to 14 December 2011, Shah Alam, Malaysia. ABSTRACT In Newton v Birmingham Small Arms Co (1906), the English court made it clear that the rights of auditors cannot be abridged nor restricted by any regulations of the company. This is to ensure that the auditors’ rights are secured. The rights are unqualified and this will enable auditors to discharge their role and duties effectively. Additionally, the Companies Act 1965 (CA) gives substantive powers to enable auditors to carry out their duties effectively. This is because if their hands are tied, they will not be able to uncover any wrongdoings by the company’s management. In fact, any one who obstructs their duties, is in breach of the CA. Auditors have a right of access at all reasonable times to the accounting records and other records, including registers of the company. Moreover, the CA provides that auditors enjoy qualified privilege in certain circumstances. Thus, this study investigates imperative issues on the office of auditors concerning rights, powers and privilege. This is to strengthen the role and duties of auditors to bring about a more...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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