Table of Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned
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Duties of Director: The duties of directors of a company have been elaborately explained by Romer L. J in Re City Equitable Fire Insurance Co[1]. The important duties are quoted from this case and summarized below: 1. Distribution of work: The manner in which the work of a company is to be distributed between the board of directors and the staff is a business matter to be decided on business lines. 2. Good faith: Every director must act honestly and in the interest of the company. 3. Reasonable
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The breach of duty of the health care providers is defined as the deviation from the standard of practice owed the patient. The inability of the health care provider to deliver an intervention required for the right patient and or the omission medical treatment necessary to eliminate injury. The foreseeability is considered as the anticipated consequences and potential risk to the patient due to an omission and deviation of the standard of practice. The medication error and the fall are two of the
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Activity 27 Pg. 357 First portion of #5, 6, and 10 5. How would you define an unreasonably dangerous product? In order for a product to be considered unreasonably dangerous it must have a defect of some sort. There are four types of defects a court recognizes that would brand a product as defective and there for unreasonably dangerous. These imperfections as follows: when there is a fault in the products design, an error in the product manufacture/assembly, improper product maintenance, and manufacturer
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Stella Artois is suing our client, Phil Urquel, claiming negligence based on Mr. Urquel shooting Ms. Artois in the face with a potato launcher. Michigan allows a defense to negligence when the plaintiff, as a result of consuming alcohol suffered from an impaired ability to function as a result of consuming alcohol. Michigan courts generally find that when a plaintiff has become voluntarily intoxicated and freely engages in behavior that puts himself/herself and others at risk, the plaintiff can be
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1. Respond either yes or no the case problem, and state the legal principles or rule of law that supports your answer. Under intentional tort law, Heather Gamble, would have to prove: A) An act by the defendant (Sherry Thorton, employee of Dollar General). B) An intention to cause to consequences of the act. The intention is the moment when Sherry Thorton grabbed at Gamble’s panties. Sherry Thorton had the knowledge that her action can cause harm. C) Causation-the injury was caused by the defendant’s
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Amy and Matt Stark can allege a cause of action of wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would
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Negligence Negligence requires a showing that a duty was owed from the defendant to the plaintiff, that duty was breached, and that the breach was the actual and proximate cause of the plaintiff’s damages. Special Duty – Land Occupier-Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters another’s land with the owner’s permission for the purpose related to the activity. The landowner owes the invitee a duty of care to inspect and discover any dangerous
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Duty to warn was first established in 1976 in the state of California which set a precedent ruling that psychotherapists have a duty to warn a victim when they are in a life threating situation. Over the years most states have adopted such laws for social workers, therapists, psychiatrist to act upon in situations to prevent a person from doing harm to another such as bodily injury or homicide to another individual. Duty to warn supersedes a client’s privacy and the helping professional would not
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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
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