Bernadette Lowe Grantham University BA 260 – Business Law I October 15‚ 2014 Negligence Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10‚000 in injuries. Prior to the fall‚ the janitor had buffed the floor. The janitor had an IQ of 70. Normally‚ the janitor was closely supervised. However‚ today his manager was extremely tired‚ and the manager didn’t notice that the janitor had carelessly used
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ABSTRACT This essay deals with the law of torts‚ and more specifically the tort of negligence. It discusses cases and judgements related to it. It concludes by looking at the elements of negligence and their meanings. THE LAW OF TORTS A tort is basically a civil wrong. A civil wrong is an act‚ intentional or otherwise‚ the consequences of which include‚ but are not limited to damage to life or property‚ injury to a person‚ emotional or mental trauma‚
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injuring others. Alf will also have to prove a duty of care was owed‚ breach of duty and damaged caused by the breach‚ then only will the law allow compensation. The company will be against giving compensation as they can protect themselves by saying that Alf removed the guard “contrary to instructions”. In this case Alf will clearly be affected by contributory negligence as he had removed the guard to make the job quicker causing him injury. Therefore it will be very difficult for Alf to receive compensation
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Negligence is defined as the the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled‚ resulting in injury or harm to another person. In particular‚ in a malpractice suit‚ a professional person is negligent if harm to a client results from such an act or such failure to act‚ but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence
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advice. | Issues * Is Fanny able to sue Walter for negligence? If so‚ is Walter able to share some of the blame for negligence with the builder‚ for leaving the paint in the first place‚ or with Niral for causing the accident by spilling the paint? * Is Fanny able to sue the builder directly for negligence? * Is Fanny able to sue Niral directly for negligence? In relation to this point‚ is William in some way liable for negligence due to his position of care of his child Niral? In other
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The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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An Essay on Clinical Negligence “We have always thought of causation as a logical‚ almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because‚ for policy reasons‚ it should not.” (Charles Foster NLJ 5/11/2004 page 1644). To what extent do you consider that Charles Foster is correct in that causation and clinical negligence should be a “mathematical business” and the courts have‚ by introducing matters of policy‚ confused
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‘Zorba’s’ Restaurant case‚ the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL‚ 2005‚ p70) In addition‚ another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four
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Unit 5: Aspects of Contract & Negligence for Business | By Abdul Mir: FCS#307035 | Mark & Jodie Jones | Contents Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages
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Negligence Case Template ! ! To succeed in an action in Negligence: a) a duty of care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree
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