Negligent Tort Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three
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popular or as profitable as they expected‚ and turnover has declined even further since they took over the business. Are Charlie and/or Harley able to take any action against Max? This essay will discuss the requisite elements for establishing negligent misstatement and the issue of liability to third parties. This area of business law is supported by a number of cases‚ which have established
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Chapter 22 Performance and Discharge Laura Westensee Edited by Nikki Meltabarger I. Conditions in Contracts Under Common Law‚ a contract is an agreement involving a promise or set of promises enforceable by law. The Uniform Commercial Code uses this same definition of contract‚ but in a more limited sense pertaining to the sale of goods. A person who makes an offer is the offeror‚ while the person to whom the offer is made is the offeree. The offeree is given the power to create a legally
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DISCHARGE SUMMARY Patient Name: Benjamin Engelhart Patient ID: 112592 DOB: 10/05/1967 Age: 46 Sex: M Date of Admission: 11/14/2013 Date of Discharge: 11/17/2013 Admitting Physician: Bernard Kester‚ MD General Surgery Consultations: Procedures Performed: Laparoscopic Appendectomy with placement of RLQ drain 11/14/2013 Complications: None Discharge Diagnosis: Acute Superative Appendicitis; perforated Diagnostic Lab/Imaging: Lab results at the time of admission showed
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NEGLIGENT ADVICE To prove that negligence exists‚ three elements must be established. DUTY OF CARE Two factors must be established‚ relationship proximity and reasonable foreseeability. According to Hedley Byrne principle(Hedley Byrne v Heller & Co Ltd [1964] AC 465)‚ there was a relationship of circumstantial proximity between a professional financial adviser and client‚ which gave rise to Denise owing Charlie the duty of care because Charlie would rely on Denise with the intention
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reliance on that breach‚ and lastly is to determine whether the losses were an equitably foreseeable consequence of the defendant’s actions. CONTENTS Negligent misstatement refers to a representation of fact that been carelessly made‚ which is relied on the plaintiff to their advantages (O’Riordan‚ 2007‚ p.1). In 1964‚ the tort of negligent misstatement has been established and it has gained more recognition in this decades. It covers opinions and reality statements made by negligence. However
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This past December I observed the discharge of a patient from the Emergency Department that never should have taken place. The patient was a senior citizen who suffered a fall injury‚ and was diagnosed with bilateral humerus fractures. Her injuries did not require immediate surgical intervention and her pain was relatively well controlled. Therefore‚ the physician caring for her did not find it medically necessary to admit her. Unfortunately‚ the decision to discharge then resulted in a total lack of
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Introduction It is imperative to determine whether or not the relationship between Investment Bhd (the Company) and A Bank Bhd (the Bank) is bound as a contract. Forming a legally binding agreement‚ or a contract‚ requires four elements; an offer‚ the acceptance of that offer‚ the intention to be legally bound‚ as well as consideration. Referring to the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui‚ the lack of an offer and acceptance will cause an agreement to be declared void from the
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Constructive Discharge‚ Employee ID - 4022 Message: With respect to the case filed by our former employee against the company under Title VII of the Civil Rights Act of 1964‚ constructive discharge‚ I would like to draw your attention towards the legalities of constructive discharge. Constructive discharge occurs when employees resign because their employer ’s behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign (Constructive Discharge). The
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This memo should clear up any questions you have remaining about the situation of the constructive discharge/ violation of Title VII lawsuit filed by our former employee‚ and will also give some suggestions for how we can avoid this problem in the future. First‚ it should be made clear that constructive discharge is that act of “forcing an employee out of a job with an ultimatum to either resign or face one of several unpleasant consequences”‚ which could be‚ among other things‚ unwanted transfer
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