IRAC Example 2: Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators‚ Elwyn and Osman‚ who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May‚ Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the
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In the early 1900s industrial accidents were commonplace in this country; for example‚ in 1907 over 3‚200 people were killed in mining accidents. At this time legislation and public opinion all favored management. There were few protections for the worker’s safety. Today’s industrial employees are better off than their colleagues in the past. Their chances of being killed in an industrial accident are less than half of that of their predecessors of 60 years ago. According to National safety Council
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Outcome 1 Understand the main characteristics of autistic spectrum conditions Autism spectrum condition affects a range of different individuals and is a spectrum condition and affects people in a number of different ways. It is important when supporting an individual with autism to identify and recognise each individuals’ abilities – what they can do successfully‚ needs – what the individual needs support with‚ strengths and gifts – what the individual is good at‚ what they have a real talent
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Evidence CRIMINAL LAW INTRODUCTION Crime = offence against the State‚ illegal act or omission Mens rea: ‘guilty mind’ - state of mind Actus reus: ‘guilty act’ - action‚ external element or the objective element of a crime Causation relation of cause to effect. Actus reus from which the effect arose and is combined with mens rea to comprise the elements of guilt. Concurrence need to prove the simultaneous occurrence of both actus reus and mens rea to constitute a crime
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lesser crime of manslaughter. Homicides are part of the criminal law; therefore‚ they have the same elements which are appropriate for crimes. There are three common elements in all crimes: mens rea (“guilty mind”)‚ actus reus (“wrongful deed”) and causation. Many jurists also include concurrence (both the mens rea and actus reus must be connected). Mens rea or intent means that the criminal act must be voluntary or purposeful. It varies depending on the offense. For murder‚ the most heinous homicide
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prove that they suffered an economic loss and the statements there were material misstatement. By having to show reliance on the statements it takes away a defense that the auditors had which is the causation defense. The defense for auditors in security exchange act of 1933 is due diligence or causation defense. In SEC act of 1934 it is good faith which is no knowledge of the material misstatement. Under common law auditors are liable to reasonably foreseeable third parties. 3) The key differences
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Discuss the extent to which psychology is a science (25 Marks) Science is a discipline in which we objectively obtain data and organise them into theories. All sciences follow a process when investigating anything scientific. First of all‚ inductive reasoning takes place whereby the investigator focuses on the science/concept and the general aspects around it. Secondly‚ a generalisation is made about the concept being investigated and hypotheses are formed. Next‚ deductive reasoning takes place
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A brief introduction of People’s Republic of China’s Tort Law Student Name: QIAN‚Xin Group: MLM09-01 Student Number:0892439 Table of Contents Background The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29‚ 2009‚ came into effect since July 1‚ 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response
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It is up to employers to thus avoid inaccurate references that lead to negligent misstatements or misinterpretations on their part. It is known that in tort‚ liability arises by fault of a particular party or defendant. In other words‚ the modern causation of negligence is formed by evidence that coincide with people or companies that had a certain duty to provide civil obligations but their actions lead to a foreseeability of damage. To expand on this general area of tort law and compare it to that
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Teenage suicide‚ the third leading cause of death for those 13-18 years old‚ is a complexity of issues which culminates in a catastrophic action‚ the causation of which can only be partially examined or explained by the 3 main sociological theories. Functionalism would attempt to illustrate suicide as a working part of society—the weak and possibly the unsuccessful eliminate themselves‚ allowing society to devote resources to other issues. A con of this theory is that it does not address the issue;
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