"Apply the elements of the tort of negligence and defences in different business situations using the scenarios given below" Essays and Research Papers

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    Negligence and Duty of Care

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    Negligence is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others .One of the main ways in which access to compensation is restricted is through the doctrine of the duty of care.Essentially‚this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence.Breach of a duty of care essentially means that the defendant has fallen below the standard of behavior expected in someone undertaking

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    Synopsis of Tort Case

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    nop Synopsis of Tort Cases Myrtis Davis‚ Gloria Pettis‚ Yolanda Williams‚ Kareemot Olorunoje Business 415 10/18/2011 Karl Triebel Synopsis of Tort Cases As stated by the text a tort is a wrong that either intentional or unintentional (Cheeseman‚ 2010). The following are four scenarios each compiled of circumstances that exhibit various torts. Team B will identify the torts of each scenario while addressing the reasoning behind our selections and the parties that could potentially file

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    NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted

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    Fowler EDUC 2130-W01 Scenario #3 Sept. 26‚ 2014 Scenario 3: Fairly Accused or Never Given a Chance? In the scenario that was presented‚ there are many pressing issues with the way that the teacher‚ Ms. Johnson‚ handled her student‚ Billy. To set the tone of the scenario‚ it all began before the school year even started. Ms. Johnson had developed significantly misconstrued ideas that she was not going to like nor tolerate her up and coming student‚ little Billy. The scenario told us that while planning

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    Contributory Negligence

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    I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the

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    Tort Law

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    PARTICIPATION ASSIGNMENT JS 230-020 CHAPTER 7: TORT LAW CASE PROBLEMS 1. Smiley‚ a buyer for Carrefour Fashions‚ entered the store of a rival firm‚ Boulevard Boutique‚ in order to find out what latest lines they were carrying. He was recognized by Maldini‚ the manager of Boulevard Boutique‚ who called the store detective‚ Rocco‚ and ordered him to “keep an eye” on Smiley while he‚ Maldini‚ called the police. Maldini called the police and informed them he had a “suspected shoplifter”

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    Liability for Negligence

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    ! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify

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    Tort

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    contradict or controvert a written document. The rule is part the law of evidence and applies not only to contracts but all kinds of documents. The rule grew up in the context of arguments about when parties would be allowed to place oral evidence before a jury. Much of the early case law involves wills. Wikipedia note on Parol Evidence Goss v Lord Nugent (1833) 5 B & Ad 58 “Verbal evidence is not allowed to be given...so as to add to or subtract from‚ or in any manner to vary or qualify the written

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    Defence Mechanisms

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    April 20‚ 2012 Defence Mechanisms Sigmund Freud believed that there are times when our sense of self faces a crisis. This is our ego. Ego is a term used by Sigmund Freud for the part of the unconscious mind that encourages us to do good things. It is the part of the mind most closely linked to our sense of self. “We believe that civilization has been created under the pressure of the exigencies of life at the cost of satisfaction of the instincts.” Freud believes in order to protect our ego is

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    Private Defence

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    right of private defence of person and property. The provisions contained in these sections give authority to a man to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available and in so doing he is not answerable in law for his deeds. Section 97 says that the right of private defence is of 2 types:- (i) Right of private defence of body‚ (ii)

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