of the contract between the CPAs and Lestrad, since it could be held that the contract was entered into for their benefit and therefore they are in privity with the CPAs. • Negligence: The shareholders and creditors could assert an independent claim of negligence in addition to the action for breach of contract. Negligence will be established when the CPAs fail to exercise reasonable care, taking into account such superior skill and knowledge the CPAs have or hold themselves out as having. Despite
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icy pavement causing injuries to himself. Both Mitchell and Hartman suffered severe injuries from the accident. Hartman sued Mitchell, Dangerfield, Sandman, and Continental, while Mitchell sued Hartman, Continental, Dangerfield, and Sandman for negligence and for the dangerous conditions that caused the accidents. In this scenario, Dangerfield Inc. and Continental Concessions, LLC are sister companies and are wholly owned subsidiaries of Sandman Resorts, and s-corporation. Continental Concessions
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procuring and operating the boat. Plaintiffs' case focused on repairs made a short time prior to the accident and defendants' knowledge that the boats leaked, filled with water, and became unstable. Defendants' case for comparative or contributory negligence argued that the Geringers took out a boat that had been secured to the shore and acted unreasonably in not wearing life jackets. Plaintiffs' rebuttal raised conflicting evidence as to whether the boats had indeed been secured to discourage their
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PART I: Did CARDWARE have genuine Bona Fide Occupational Job Qualifications) in its ad? Title VII of the 1964 Civil Right Act addresses the Bona Fide Occupational Qualifications (BFOQ) that can be used in legal employment discriminations. BFOQs are employment qualifications that employers are allowed to take into consideration while making employment decisions about hiring and retention of employees that falls under the “protected groups of people.” These groups that Title VII protects are race
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finding themselves defending the care they provide to patients. “Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation.” (Freemen, 134). Since I work in a hospital and I work closely with nurses on daily bases, I decided to discuss ways nurses can be held liable for negligence. Nursing malpractice occurs when a nurse fails to competently perform
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The assignment start by asking ‘What is meant by the expression “duty of care” in this paper I also have to discuss what are the conditions for the duty of care? As well as what is “negligence”? The most important thing is to articulate ‘What are the implications for your practice as a teacher from these understandings? Lastly I will end the paper by discussing’ in what ways is teaching important? What are your values, beliefs and current philosophy concerning teaching and learning? Care of duty
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Question 1 Negligence refers to careless behavior which means somebody is not taking enough care in a situation where care is expected. People must be careful if actions affect others. If Alphonso wanted to sue the doctors for negligence, he should prove the four elements of negligence. For the Elements of negligence, it includes the duty of care, standard of care, causation and remoteness of damage.To duty of care, the defendant owed the plaintiff a duty of care about the reality of the lap
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Discussion -----case 1 1. What is duty of care? According to business contractual relationship (2007), the law of delict, like the law of contract, is a part of the law of obligation. A delict has been defined as: A civil wrong commented by a person in deliberate or negligent breach of a legal duty, from which liability to make reparation for any consequential loss or injury may arise. It also states that delictual obligations do not arise voluntarily, as is the
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Ethical and Legal Issues in Nursing Nursing as a profession, holds itself to a standard of practice and a code of ethics that governs this discipline. It was well put by Nicholson (2012), “Nonprofessionals cannot be held to the standards of the medical professions, but persons who have been specially trained, educated and licensed are accountable for performance that deviates from the customs of their field.” To function effectively, nurses need to be aware of their contents and incorporate them
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because he is the possessor of the land. Using reasonable care requires the defendant to recognize the risks created by his actions and to act reasonably in light of those risks. I would make the argument that the defendant breached his duty with negligence by not having a fence surrounding the baseball field to prevent such injuries from occurring (Edwards & Edwards, 2012). 2. What argument would you anticipate the owner would make in response? In response, I think the
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