EMPLOYER’S DUTY OF CARE Strayer University LEG 500 – Law, Ethics, and Corporate Governance February 20, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment” The actions of Jake’s work on the vehicles that include checking breaks, tires, and the transmissions is included within his scope of employment. The scope of employment includes any tasks that are included in the contract of the position that an individual is hired to complete (USLegal). This also includes
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person a duty of care; and 2.They breach the duty of care; and 3.Their breach causes the other person to suffer reasonably foreseeable harm 1. DUTY OF CARE RELATIONSHIP - between parties, does one owe a duty of care to other? Doctors owe DOC to patients AN EXISTING RELATIONSHIP BETWEEN PARTIES WHERE THE DEFENDANT HAS ASSUMED RESPONSIBILITY FOR THE PLAINTIFF – DUTY OF CARE OWED. TAME V NEW SOUTH WALES [2002] PG. 188 – Established relationship between defendant and plaintiff – duty of care owed NO
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| UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright
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Assignment 1: Law and Healthcare HSA515 Health Care Policy, Law and Ethics January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of
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the slippery floor as well as the heating urn and steamer. She will be the plaintiff, and Christine, the defendant. Stella bears the burden of proof that Christine owed her a duty of care, but omitted to perform it, which caused her personal injuries and economic loss. The elements, including duty of care, breach of duty of care, and damage, must be proven on the balance of probabilities. If proven, Stella will probably be able to claim monetary compensation for her medical costs, loss of earnings,
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safe state. One day the plaintiff was in the coach when it collapsed and suffered injuries as result. He tried to sue the defendant in negligence but was unsuccessful. The court held that the defendant already owed a duty of care in contract, it could not also have a duty of care in tort. This case took place during the infancy of the industrialisation in the 19th century when it was in public interest to encourage innovation and technology. Similar social engineering also saw the courts in that
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Business Law Group Assignment Question 1. a) i) Issue: 1.Does the proprietor, Quills Department Store, owe a duty of care to its customers to take reasonable care to protect such customers from foreseeable harm? 2. Dose the cleaner own owe a duty of care？ 3. Dose the floor polish manufacture owe a duty of care? Rules: 1. Neighbour test—the neighbour should be the person who are so closely and directly affected the others that the person ought reasonably to have them in contemplation
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take reasonable care which causes harm to a plaintiff’ protected interests. Now, wrongful or careless behaviour is not always actionable in negligence. The defendant will only be liable if the plaintiff can prove that three essential requirements are satisfied: Three essential requirements that must be satisfied in order to establish liability in negligence: (a) That the defendant owed the plaintiff a duty of care * Pre – existing relationship will create a duty of care. OR *
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plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others physicians would have
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Employer’s Duty of Care Jamie Martinez Law, Ethics, and Corporate Governance Professor Boneita Campbell August 7, 2011 Introduction As employees, we are held to the same standard to act in good faith in whatever position we hold. Employers also have that same duty to take care of the employees that perform the day to day tasks to make the company successful. Whether it is through extra time off, increase in pay, or better benefits employers have an obligation to their employees.
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