Case note on Carmel Collins v Mid-western health Board and O’ Connor This case concerns the death of a man in his early 40’s from a subarachnoid haemorrhage. In the HC the learned trial judge found there to be no action in negligence. The case was appealed to the Supreme Court. The deceased first fell ill on the 20th February 1991 while at work on a building site. He visited the second named defendant in his surgery later that day, after his wife had made an appointment over the phone. She
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Question #2 According to the Court the Duty of Care that a hotel owes a guest are as follows: “The law imposed upon innkeepers’ at least ordinary or reasonable care to protect their guests against injury by third persons, and some cases call for the exercise of a higher degree of care.” Allegedly the hotel was negligent in the following areas 1.) Permitting Criminals, sex deviates, and vagrants to wander discriminately about the hotel 2.) Failure
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liable in negligence for causing injury to the victim who suffers from brittle bone disease. We will examine each and every element of negligence from the plaintiff and the defendant which ultimately helped to reach the decision of the case. From duty of care, DIG’s negligence clearly consists of conduct that creates and unreasonable risk of harm. The company’s failure to follow the requirements of NYCRR 753-3 puts many peoples’ lives in danger. The defendant did not conform to the standard of conduct
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The California Supreme Court addresses a complicated area of tort law concerning duty owed. The need to protect privileged communication between a therapist and his patient and the protections of the public was being addressed. With respect to the liability of the police that released Poddar, the court stated that a public employee is not liable for an injury resulting from his act or omission where the act of omission was the result of his exercised discretion. Discretionary policy decisions which
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Employer’s Duty of Care Course Title: Law, Ethics, and Corporate Governance – LEG 500 November 9, 2011 Q1: Explain whether Jake’s actions are in or out of “his scope of employment”. Jake’s actions to fully inspect vehicles were in his scope of employment, even though the main service requested was for an oil change. It is the responsibility of a certified mechanic to ensure a car is inspected for any major damages and preventative care maintenance. Just like when an individual goes
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BUSINESS LAW A) Jane, a youth worker, confiscates a flick knife from a member of her youth club and gives it to her supervisor. B) Tony, an antique dealer, displays an old military knife with a spring opening device in his shop window with a price ticket attached to it. C) Fola buys an unopened box of kitchen utensils from a car boot sale. Without examining the contents closely she donates the box to a charity shop. The box is found to contain a flick knife. Any individual, who produces
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LEG 500: Law, Ethics, and Corporate Governance | Assignment 3-Employers Duty of Care | 8/14/2011 | 1. Explain whether Jake’s actions are “in or out of his scope of employment.” The definition of “Scope of Employment” according to Oklahoma States Risk Management and Environmental Health and Safety is, “Scope of employment: means performance by an employee acting in good faith within the duties of his office of employment or of tasks lawfully assigned by a competent authority including
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S.O.P – Standard Operational Procedures Provided by the employer, Standard Operating Procedures are orders issued by your company. S.O. – Site Orders Provided by the client, these are a set of duties relating to the security of a given site or assignment, which you will be expected to carry out. They may vary from post to post according to the client’s needs. 1. What are the Defenses to Assault? C.A.M.E.L.S C – Consent A – Amicable Contest M – Misadventure/accident E – Execution
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High owe a duty of care to Persephone and Aphrodite? Consider the common law as well as any impact that the Civil Liability Act 2002 (NSW) may have on the common law. The main considerations that have to be taken into account when deciding whether Autumn Bay High owed a duty of care to Persephone and Aphrodite are the reasonable foreseeability of nervous shock and whether their duty of care was non-delegable. Under the Civil Liability Act 2002 (NSW) “the defendant owes a duty of care to the plaintiff
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Negligence Paper Maria Gutierrez HCS/478 August 5, 2015 Carol Mack Negligence Paper The health provider or a nurse has the responsibility to provide the best care possible for the patients. In this paper, I will discuss about neglect and the different between negligence, gross negligence and malpractice. I will also cover my opinion about the situation, agreement or disagreement deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as
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