Defences in Trespass to Person 1. Self-defence and defence of property‚ injury or damage suffered by the plaintiff is caused by the defendant. 2. The defence’s necessity – to save life. Law of Torts – Negligence * Negligence is a breach of duty of care‚ which results in damage to the claimant. * Case of Donoghue v. Stevenson (1932) * Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle
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person’s or organisation’s duty to take reasonable care in the circumstances‚ which causes harm to a person or organization. It is a manner that involves harm caused by carelessness‚ not intentional harm. For negligence to occur‚ the plaintiff will need to prove that the three factors are present; these being‚ the defendant owes a duty of care to the plaintiff‚ the defendant failed in his duty and finally‚ there must be damage to the plaintiff caused by the breach of the duty of care. Medical negligence
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Negligence is the breech of an obligation or duty to act with care‚ or failure to act as a reasonable or prudent person under certain circumstances. Actual loss or harm must occur in order for negligence to be considered. If loss or harm has occurred as a result of negligence‚ the act is considered a tort‚ and damages may be recovered ( money or form of compensation awarded by law as the result of the negligent action). Torts are willful or unintentional wrong doings committed by one individual
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with Ruth’s in-action to not properly observe the securing of her vehicle which resulted in the damages suffered by the plaintiff Jim. Issue: The defendant Ruth owed a duty of care by her actions to protect the plaintiff Jim from harm. In the fact that she did not exercise this duty‚ she then breached this duty. The breaching of this duty of care resulted in the actual causation of the facts that led to the plaintiffs Jim’s injuries. Rule of Law: Res Ipsa Loquitur. This case falls under the rule of
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1. This is an appeal brought by Miss Sandra Johnson and others (original claimants) against the decision of the Court of Appeal. The action under review is whether the two Respondents‚ Express Bus Company (EBC) Ltd and Blasts Ltd‚ were in breach of duty of care to the deceased and injured children. 2. It is worth explaining at the outset of this judgment about the definition of negligence. Negligence is the omission to do something which a reasonable man‚ guided upon those considerations which ordinarily
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Michelle v Canconcert Pty Ltd Duty: Since Michelle suffers from depression‚ a recognized psychiatric illness‚ and does not suffer any physical injury‚ this is a case of duty of care (DOC) under Mental Harm (MH)‚ as provided in s34 CLWA. Circumstantial factors will be used to answer the reasonable foreseeability question. From the facts‚ ‘sudden shock’ can be established as Michelle was in the midst of buying water when she was suddenly shocked by the bang and screams. Determination of DOC then
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application of s 5R of the Civil Liability Act 2002 (NSW) can be seen from the case Mak Woon King v Wong Chiu [2000] 2 HKLRD 295. Application Applying the three essentials of negligence to find out if Peter has been negligent: 1) Peter Owed Mary a duty of care as he is supposed to care for all other road users 2) Peter breached the standard of care of a reasonable person‚ as a reasonable person would not be negligent while driving and would not change his CD 3) Due to Peter’s negligent harm
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vehicle‚ the Civic. The company’s first HEV‚ the two-seater Honda Insight coupe‚ was introduced to the U.S. in 1999. It experienced modest sales of 3‚788 units in 2000 and 5‚000 units in 2001 and retailed at a base price of approximately $19‚100. However‚ demand outstripped supply and consumers were forced to wait between one to two months for their vehicles. Honda anticipates that sales of the hybrid Civic model will be much stronger than previous HEV models‚ since the Civic already possesses
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INTRODUCTION Donoghue v. Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland on Sunday evening on 26th August 1928‚ when Ms May Donoghue (Appellant) was given a bottle of ginger beer‚ purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass‚ Donoghue was not aware of the snail
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035 manage induction in health and social care or children and young people’s settings 1.1 Induction is a process which starts when a new member of staff is brought into an organisation it is not restricted to new staff Internal appointments may need a period of induction to help them adjust to new tasks in a changed working environment through induction organisations are able to maintain and improve standards of care and support The benefits of an induction programme for staff are that it enables
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