! ! ! 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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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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surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include
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found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not
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to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article‚ a mistake was made that was irreversible. He went into the hospital to have his leg amputated‚ and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence‚ gross negligence‚ and malpractice. After differentiating
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the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts of the case found in LexisNexis is: a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with
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MEMORANDUM SUBJECT: Andrew‚ personal injury‚ mental injury‚ accident compensation‚ common law action FACTS: A is a cleaner employed by the University of Ewewhon. He nicks a finger on a broken test tube on the floor of a laboratory. A small spot of blood forms. He is assured the test tube was clean. A becomes extremely fearful that the glass might have been contaminated and that he might contract a serious illness. 1.0 ISSUE: Application of the Accident Compensation Act 2001 Assuming A is
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Reference: http://www.nursefriendly.com/nursing/clinical.cases/040130.htm Extravasation Follows Chemotherapy Administration. Potential Complication or Nursing Negligence Iacano v. St. Peter’s Medical Center‚ 334 N. j. Super. 547 – NJ (2000) Summary: Intravenous therapy has inherent risks and potential complications. When you introduce chemotherapeutic drugs and known vesicants‚ those risks increase dramatically. In this case‚ a known risk‚ extravasation‚ occurred following administration
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Negligence kills Carelessness is the main reason for any accident. If a person drives rashly on road one or two may get injured or killed. When a building is constructed with out following any norms it would result in the death of few people. Where as if an event is organized lack of precautionary measures that may lead to the loss of many lives. Even after witnessing number of fire accidents in the city the concerned authorities fail to implement the existing policies for safety of the public
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Legal issues September 30‚ 2013 Case of Negligence 1. During the day‚ duct tape had been used on the floor near the boundary lines of a badminton court. In the evening‚ a participant playing badminton caught her shoe on the tape and suffered a torn meniscus in her knee. Arthroscopic surgery was required and a lengthy convalescence ensued. The municipality was responsible for cleaning the community center‚ including the gym‚ and knew that the tape had been placed on the floor during the day
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