CASE ONE: LAW OF TORT An accident was occurred by the car driven by Azhar with the disabled lorry which has been stalled by Ah Chan. Two of these persons have made their own fault as what happened on case Ramachandran a/l Mayandy v. Abdul Rahman bin Ambok. First of all‚ Azhar has derived his vehicle along a state road at slightly above the speed limit and his vehicle was equipped with a seatbelt but Azhar was not wearing it at the time of the collision. In addition‚ the impact of the collision
Premium Tort Common law Negligence
Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
Premium Tort Tort law Negligence
2011‚ p. 209). Then‚ it has the third element‚ the specificity‚ which means in its ad WHIRETIME‚ Inc.‚ specified the particular party‚ business and product (Melvin‚ S.P.‚ 2011). Janet has signed a contract with BUGusa she is committing intentional tort because she is intentionally leaving one company knowing that she has an agreement. She is intentionally leaving them to go work for the competitor so that she can get more money. She can be held liable for any harm or money loss for BUGusa because
Premium George W. Bush Law enforcement agency
Concurrent liability Text [13.45] – [13.65]‚ [13.80] – [13.120] Vicarious liability is the liability of an employer for a tort committed by an employee within the course of employment Stevens v Brodribb sawmilling the existence of control between an employer and employee is not enough to prove a relationship for vicarious liability. Further criteria such as obligation to work‚ hours to work etc is also considered Elazac pty ltd v Sheriff the plaintiff was not an employee but a contractor
Premium Tort law Tort
liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue bought her a bottle of ginger beer‚ which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer‚ she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care to
Premium Tort Duty of care Tort law
Case Scenario #1 PE 295a Please type your response in paper format‚ double spaced. Paper should include questions and detailed answers and should be 6-8 pages in length. Citing is not necessary as it will be assumed that all of the information obtained will be from the NSCA Essentials of Personal Training text. Papers will be due April 19th and will be 20% of your grade. You have just been contacted via telephone by Jane Doe‚ a 40 year old female who would like to meet with you to discuss the
Premium Obesity Weight training Goal
4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
Premium Tort law Tort
likely difficulties Changwa may encounter in succeeding in his claim in the event that he was to bring an action. The advice will be with the aid of decided cases where necessary. Area of Law and the Potential Defendant. In view of the facts given in this case‚ the name of the area of law under which Changwa can bring an action is in the tort of negligence. Accordingly‚ he must bring this action firstly against the pub manager for the cockroach found in the food. Secondly‚ the action must be brought
Premium Duty of care Tort Law
Mom has a total of four children two younger children and two older children were taken away due to neglect and abuse; the older children placed with their biological father. The younger two children have been placed with Aunt Debbie. All the children have been in the Child welfare system since their births. Both parents have some issues with the local law and have outstanding warrants for their arrest. The Father of the little ones has a problem with drugs/alcohol abuse. Mother unknown about abuse
Premium Family Mother Parent
ACE inhibitor that inhibits a chemical called angiotensin converting enzyme. This widens your blood vessels and helps to reduce the amount of water put back into your blood by your kidneys. These actions help to decrease blood pressure. In Mrs. J’s case‚ there may be too much circulating fluid in her blood vessels and enalapril will help reduce this
Premium Heart failure Hypertension Heart