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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Law and Health Care- Proof of Negligence Vickie Young Dr. L. Forbes Strayer University January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Negligence is defined as “conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct of a reasonably prudent person acting under similar
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BUSI 2301 Case Comment #1 DIRECTIONS: You are to write a 1-2 page analysis of the following case. The paper should be typed, and at least 12 point font. Thoroughly discuss the premise of the case, the procedure as to what happened, and the facts involved. Make correlations between what you’ve learned in the class and relate it to specific legal theories. Demonstrate these by walking through the elements needed to prove the particular Cause of Action. Rules for correct grammar, syntax, spelling
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before the present law was formulated, once a negligence had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage might be. Foreseeability – A person can be held negligible for his duty only if it can be proved that that the consequences of his act were foreseeable. If the consequences are unforeseeable, then the defendant may not be held liable for negligence. For example: In Smith Vs. London South Western Railway Company, the
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The answer is if the Burlington Coat Factory had not recalled the product and caused harm to consumers they would have been liable for negligence actions. The Discusses the following in relation to the product recall:: Duty of Care Standard of Care Breach of the Duty of Care Actual Causation Proximate Causation Actual Injury Defenses to Negligence Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with
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Cut Off: Cutoff relates to whether transactions and events have been recorded in the correct accounting period. Audit procedures must ensure that transactions occurring near year-end are recorded in the financial statements in the proper period. For example, the auditor may want to test proper cutoff of revenue transactions at December 31. This can be done by examining a sample of shipping documents and sales invoices for a few days before and after year-end. Audit evidence: Audit Evidence
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INTRODUCTION The word ‘Tort’ has been derived from a Latin word ‘Tortum’ which means crooked or twisted act. This word is a French equivalent of English word wrong and of the Roman law term ‘delict’. It is a civil wrong independent of contract for which the appropriate remedy is action for unliquidated damages. Person committing a tort is called tortfeasor and the act is called tortious act. In this piece of research project, we will analyze which one is more authentic or valid, whether law tort
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when bringing a claim against negligence: duty of care, breach of duty and damage, which is the cause of breach of duty and is not to remote. Consideration of these aspects in these stages should be noticed, for example Lord Atkin whom founded the neighbour principle mentioned in the Donoghue v Stevenson (1932). Since Caparo v Dickman (1990) duty of care has to be seen as ‘Fair, just and reasonable’. Breach of duty is observed through the standard of care, which is expected by the defendant and damage
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. Paul v. State family services agency 1. Standard of care Paul could allege that the State family services agency was negligent in two different ways: first, by returning him to his mother’s care before she was able to look after him properly; secondly, by failing to intervene to take him back into State care after receiving the neighbor’s telephone call. The question of whether the State family services agency acted negligently would depend upon an evaluation of what a reasonable agency
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Negligence Mishap A health care provider has a responsibility to provide safe and competent care to his or her patient. When a patient’s care is compromised, is not satisfied with his or her care, or does not have a successful outcome the legal system becomes involved because of today’s litigious society. Health care providers see lawsuits wrongfully filled, not valid, and some unjustly settled as seen in history of some cases settled, which society was just going for the money settlement. Yet there
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