...or circumstance that occurs which may result in a loss, damage or injury. Sometimes what may be seen as an accident can also be because of a negligent act where a duty of care was owed but not received. A reasonable foreseeability must be proven before it can be established if a duty of care existed and whether someone was liable for the damage. Accidents do not occur nearly as much due to more negligent acts occurring where the results are reasonably foreseeable but those involved are not accepting their duty of care to avoid any risks. As can be seen in Vaughan v Menlove (1837) 3 Bing NC 467, where the defendant’s haystack caught fire due to poor ventilation. He was told...
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...Answer 1. In our case study, King and Queen are the auditors and the plaintiff that is taking legal action against them is EFL. Negligence can be defined as any conduct that is ‘careless or unintentional in nature and entails a breach of any contractual duty or duty of care in tort owed to another person or persons’.(Godsell, 1993 P23) If EFL wants to claim for negligence than they will have to prove that the four elements exists (Gay & Simnett 2010, p. 153). 1) Duty was owed to the plaintiff by the defendant 2) Breach of duty of care 3) Plaintiff suffered loss or damage 4) Causal relationship existed between breach of duty and the lose or damage. In the case study of Pacific Acceptance Case, they established 10 principles and one of it was that whenever an auditor feels some suspicious activities, which may be because of some irregularities and which indicates towards some fraud, the auditor must take some action (Gay & Simnett 2010, p. 156). In our case study there was no action taken by the auditor even though they came to know that impulse was going through liquidity problems which was due reduction in inventory turnover and debtor turnover. If we have a look in the Thomas Gerrard & Son case, auditor should gather proper information when inventory are involved. Physical stock take should be done unless it in not rational to do it for the physical existence. (Gay & Simnett 2010, p. 155). In our case study auditor breached...
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...Contents Question 1 1 Duty of Care 1 The Standard of care 3 Damages 4 Causation 5 Question 2 6 Question 3 8 Truth or Justification 8 Privilege 8 Absolute Privilege 8 Qualified Privilege 8 Honest Opinion / Fair Comment 9 Apology 9 Offer to make amends 9 Consent 9 Fair and reasonable publication on the matter of public interest 9 Question 1 Under the tort of negligence there are a number of factors that must exist in order to establish negligence. Firstly, there must be a duty of care to protect others against reasonable foreseeable harm or loss. Secondly, there must be a breach of that duty. Thirdly, there must be loss or damage to the plaintiff and finally, there must be a causal link between the breach of duty of care and the loss or damage suffered. Duty of Care Duty of care refers to the relationship which the law recognises as giving rise to a legal duty to take care. A duty of care is a responsibility to take such care and breach of this can lead to the defendant being liable to pay damages to a party who has suffered losses or injury as a result of their breach of care. Therefore it is important for the claimant to establish that the defendant owed them a duty of care. In this case study Donoghue v Stevenson (1932), the duty of reasonable care was established. Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could...
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...----------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with offer and acceptance, invitation to treat, counter offer as regarding a contract. Case study two is about principles of part payment under consideration, the exceptions for the rule and principle of promissory estopple . Case study three deals on intention...
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...This essay is based on adult case study two a 70 year old male patient called Mr James. All names have been change in this essay in order to comply with the NMC (2008). Code professional conduct on confidential. The case study highlights a number of principle, legal issues and professional value. These will be identified and some will be discuss in details. Ethics is concerned with the study of social morality and philosophical reflection of norms and practice (Burckhardt and Nathaniel 2003). These ethical issues are those based on basic and essential to social values that include respect for life, liberty and to be cared for. There will be a demonstration of understanding the theory of deontology while recognizing the importance of ethical principles in relation on the delivery of individual patient care. Informed consent will be highlighted in detail to provide validity and factors involved. A reflection will be provided to detail the understanding of how ethical theories contribute to the ethical decision making process in clinical area. Also a brief discussion will be given to show what has been gained from producing this essay. Consent can be defined as an agreement to allow something to happen based on full disclosure of facts needed to make an intelligent decision (Hazel 2002). This includes the knowledge of risks involved, benefits and consequence of refusal. Informed consent not only requires that a person be given all relevant information required...
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...Abstract The major legal issues, case law, and arguments, are investigated as a parent of a special needs student fosters a complaint that her daughter is subjected to harassment on the school bus by fellow students. This case study questions whether the lack of concern from the bus driver and negligence from the school district was the essential catalyst of her daughters’ harassment, torment, and sexual abuse. After several incidents of unsupervised abuse, the mother criticized the school bus driver the harassment rendered; however, there was little to none action taken against the other students that ultimately elevated her blouse and exposed her bare breasts. The legal issues relevant to this case study are student harassment, negligence, abuse, tort liability; breach of duty, injury, and causation, and a distinct lack of concern from the school district. Special Need Student Case Summary/Evaluation You are the principal of an elementary school. It’s Monday morning and a parent of a special needs student complains that her daughter is being harassed on the school bus by fellow students because she has Down Syndrome. Students on the bus, including a couple of other special education students, are calling her dumb, slow, slope head, and other degrading names. Her daughter is crying each night and doesn’t want to return to school. The mother has complained to the bus driver before and he has done nothing. The last straw was that these same kids pulled her daughter’s...
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...NURS 6565 - Main Question Post: Week 4: Discussion – Clinical Challenges for the NP Case Study One: Dismissing the non-compliant patient. Gwen, a 52-year-old Caucasian LPN, recently joined your practice as a new patient. She currently has a BMI of 32, B/P of 142/88. Pulse is 89, the Respiratory rate is 22, Pulse Ox is 96% on Room Air. She is taking Lisinopril 10mg PO daily (when she can remember), Metformin 1000mg PO BID and refuses lab work. Her physical exam is unremarkable and foot exam is normal. She refuses all vaccinations including Prevnar and Influenza. Gwen’s last mammogram and Pap smear were “years ago.” The case study above is a description of health scenario of Gwen an LPN whose health is at peril. According to Westrick and Jacob (2016), this is a description of health care advice of patient non-compliant behavior. Gwen is an LPN who indeed understand her health conditions, however, fails to comply with the appropriate medical process, problem conforming to treatment care modality thus Gwen fails to accede to what is properly related to negligence. The Legal Implication and Key Component of Malpractice Policy in this Case There are indeed two components of malpractice policy related to...
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...revolves around 3 parties where Patrick and Mary are the investors of a company called Kill Cancer Pty Ltd, particularly for an up and coming drug named “Miracle”. They are the plaintiff in this case. The defendant is Don, who is a financial adviser by profession and a friend of Patrick. This case involves action taken by the plaintiff due to the advice given by the defendant, and as such it is a case for the tort of negligent misstatement. It is not a fraudulent misrepresentation because the defendant did not make any false statement or aseems to have decent in mind. 2. Rule 2.1 Step 1: Duty of care The very first rule to establish is whether the defendant, Don, owes a duty of care to the plaintiff, Patrick and Mary. Following the case of Donoghue v Stevenson (1932) , it is clear that the duty of care is not dependent on whether a contract exists, which there is none between Patrick and Don or Mary and Don. It is very much dependent on these things: a) A duty of care can be owned when giving advice/supplying information The defendant, Don, ought to know that while dispelling information that has crucial implications, he is being trusted to give the best kind of advice to the other party (L Shaddock and Associates Pty Ltd v Parramatta City Council, 1981) . The principals of this case states that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the...
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...nurse in the case of Marianne who has had a stroke and the decisions that the family is facing for treatment or end of life care. The legal and ethical issues in a malpractice case that occurred several years ago and the responsibility of the nurse to her employer, the nurse being sued, the client in question, and the institution’s client will be reviewed. The areas that will be reviewed include how the American Nurses Association Code of Ethics would influence a final decision in each case study, how personal and societal values can influence the ethical decision making, the fundamental legal aspects of each case study, and the legal responsibility of the nurse in the work setting. The ANA code of Ethics must be followed in practice and is an especially useful tool when there are difficult legal and ethical issues that arise in nursing practice. In the example of the malpractice case for negligence, as a witness to questionable practice, it is the nurse’s primary responsibility to protect the safety of the patient. Although the nurse was correct in reporting the episode to administration, she also had a duty to counsel the nurse about the inappropriate standard of care. The ANA is clear that when a nurse is aware of questionable practice the person must be confronted with the concern ("Code Of Ethics for Nurses With Interpretive Statements", 2010). Furthermore, if the nurse was asked at if she had witnessed additional acts of negligence, it would be her legal duty to answer...
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...SUMMARY…………………………………………………………………..3 INTRODUCTION……………………………………………………………………………4 CASE STUDY 1: OFFER AND ACCEPTANCE…………………………………………5 CASE STUDY 2: CONSIDERATION……………………………………………………..6 CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION……………………..7 CASE STUDY 4: contractual terms……………………………………………...……7-8 CASE STUDY 5: exclusion clause……………………………………………………8-9 CASE STUDY 6: Tort of negligence …...……………………………………………9-11 CASE STUDY 7: vicarious liability……………………………………………………12. REFERENCE LIST………………………………………………………………………..13 EXECUTIVE SUMMARY CASE STUDY 1: OFFER AND ACCEPTANCE This case involves term such as: offer, acceptance offer, difference between offer and treat, invitation of treat and acceptance of an offer by post. CASE STUDY 2: CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves terms such as: meaning of exclusion clause and legal rules governing the legality of the exclusion clause. CASE STUDY 6: Tort of negligence This case of study involves terms such as: Hedley Byne and Co ltd Heller...
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...The roots of hospice care began in the 1960s as a benevolent movement to provide dying patients more time with their families in a dignified manner. The hospice industry is now a fourteen-billion-dollar industry, run primarily by for profit industries. Hospice facilities play a crucial role in delivering palliative services to patients and their families. In the United States, about half of all deaths happen in a hospice program. When a patient is certified by their primary care physician and a hospice medical physician that they are terminally ill and has six months or less to live, they are then qualified to receive hospice benefits. Hospice care encompasses nursing, home health aide, social worker, and counseling services; most hospice care is provided in the home setting. As part of the health care industry, hospices are also subject to negligence cases. Negligent tort cases can arise when there is an “unintentional failure to live up to accepted standards of behaviors”. The four key elements to any negligence case are duty of care, breach of duty, harm, and causation. A legal study of various hospice negligence cases will be conducted to...
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...as if the obligations were fulfilled. 2) Tort is a wrongful act or omission for which damages can be obtained in a civil court by the person wronged. Wrongful act or omission which caused personal injury or property damage. The wrongful act or omission can be intentional or negligent. There is no agreement between the parties for an action in tort. 2. What are the 3 elements for a negligent action? 1) The defendant owes a duty of care to the plaintiff. Means-a person has a legal obligation to take care when he can foresee a loss occurring if he acts carelessly. The duty of care is owed to one’s neighbour (neighbour principle in Donohue --v- Stevenson case) – ie those person that are or should be in the contemplation of the defendant as likely to be affected by the defendant’s act or omissions. 2) The defendant was in breach of the duty of care. In determining whether the defendant has breached the duty of care, there are 2 stage processes, ie: a. The court has to establish the standard of care that an average reasonable person or a person professing special skills should have taken in the circumstances. This test is objective, ie it dose not take into account what the defendant might have considered to be reasonable in the situation. b. The Court then determines whether the defendant has met the standard established above. 3) The plaintiff suffered damages flowing from...
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...of her common law or statutory duty of care and diligence as a director One of the issues raised in the case study is whether Rachael has breached her duties as a director under the common law or statutory duties. Statutory duties are enforced by ROC while common law duties are enforced by the company according to its Memorandum of Association (MOA) and Article of Association (AA) (Mohd Sulaiman & Bidin, 2008). Common law duties are owned by the directors and they must act in the best interest of the company and will be liable for any breach of duties obligated by the MOA and AA. A breach of the common law duty of care will usually result in the payment of compensation or damages to the company. On the other hand, director’s statutory duties are mentioned in Section 132(1A) of the Companies Act. Under Section 132(1A), a director of a company shall exercise reasonable care, skill and diligence with the knowledge, skill and experience which may reasonably be expected of a director having the same responsibilities and any additional knowledge, skill and experience which the director in fact has. Section 132(1A) was further elaborated into four categories of duties. The first category is that the director must exercise reasonable care (Mohd Sulaiman & Bidin, 2008). Under this provision a director is required to take reasonable steps to acquaint themselves with information concerning the company’s financial status and business. Referring to the case of Lim Weng Kee v PP, the managing...
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...Scenario 2: Negligence and Vicarious Liability Problem Question (P3.1, P3.2, P3.3, P4.1, P4.2 and M3) Task description: Imagine that you are an In-House Lawyer (IHL) working for QuickFix. The Managing Director (MD) has asked you for written advice on whether the company has any liability in tort law towards Barbara and Clive. With this in mind please produce a report for the MD, which sets out the law relating to negligence and vicarious liability and how it applies to this scenario. Your report should be no longer than 3,000 words. 1 Differences Between Liability in Tort and Contractual Liability Contractual liability concentrates on what is in a contract and the obligations between the two or more parties of the contract. Both parties in contractual liability contracts are controlled by it and the terms stated in the contract cannot be broken. The terms of a contract must be fulfilled by both of the parties; otherwise consequences will follow if one party breaks the terms. Contractual liability contains conducting agreement and liability between businessperson and merchant. Tort law is used in situations where a person has done harm to another person. Liability varies significantly in tort law and contractual law in terms of issues of content. Contractual liability is based on agreement but tort law’s liability is not based on agreement. Also the way court provides compensations and how it deals with these two reflects on the difference between them. Contractual...
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...the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family (the claimant) sued the driver who was sentenced for 1 year imprisonment. The family was failed to get the satisfactory compensation as the driver is unable to pay the full award. Facts: Facts: A peasant (the claimant) from the suburb of Jilin was going to downtown and met another peasant he was acquainted of (the defendant). The defendant had a cart with motor used for transporting small items and was intended to bring some goods from the downtown. It was not allowed to use this type of cart to carry passengers. However, the peasant insisted to have a ride. Before arriving the downtown, the cart was hit and overturned by a military jeep and both of them were overthrown and injured. The claimant sued the defendant for his injury. The defendant ended up for an imprisonment in the jail. Analysis of Case No. 1 • Determine the nature of the case in China According to the general nature of tortious liability in China, there are mainly three kinds which refer to fault liability principle, principle of liability without fault and the equitable liability principle. For the case, the bus driver belonging to Xiamen Bus Co Ltd had hit a school...
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