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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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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Certificate in Preparing to Work in Adult Social Care Workbook 304/204 Introduction and Principles for Implementing Duty of Care. NAME: I confirm that the information contained in this workbook is all my own work and reference has been made to source information for appropriate answers. Signature: Date: 30.3.15 Assessment Criteria | Question it has been covered in | 204/304 – 1.2 | Question 1 | 204/304 – 1.1 | Question 2 | 204/304 – 2.1
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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
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means to have a duty of care in own work role:- Duty of care includes * Keeping the individual safe * Keeping the individual free from harm * To give the individual choice Duty of care is a key concept in working in social care. It is a legal term for safeguarding one self and others. Duty of care - means a requirement to exercise a reasonable degree of attention and caution to avoid negligence which could lead to harm to others. Health and social care settings have a 'duty of care' toward the
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Employer's Duty of Care and Issues of Compensation 1. Explain whether Jake’s actions are in or out of “his scope of employment Jakes actions are within the scope of his employment as manager servicing. Being a manager, Jake is responsible for the end to end and orderly running of his department, including meeting the outputs expected and he cannot take shelter under ‘being overworked’. He has to plan his departmental functioning in a manner to cause minimum disruptions for meeting the business
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mechanics. In the video while they were having the conversation about the way Jake was performing his job, his thumb was bleeding. Herman seemed not to care about the fact that Jake was injured and just wanted him to continue to perform his job to make the company have more business. Jake became more irate because Herman seemed not to care about the fact that Jake’s thumb was bleeding Jake took it upon himself to decide to go to the doctor because Herman wanted him to keep changing the oil despite
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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
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