Nursing Liability The American Nurse Association provides guidelines and policies for standards of care and scope of practice; they are listed in the Nurse Practice act. While hospital policies may vary from facility to facility it is the Nurse Practice Act that guides and dictates the standards by which nurse perform their duties and are held liable. Nurse have the legal duty of adhering to the standards of care whenever they are taking care of patients‚ when they fail to perform to these standard
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Review June‚ 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way of achieving corrective justice between
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Richard D‚" a child support dispute that was a problem in Texas. Linda and Richard had a child out of wedlock. Therefore Linda was unable to get the D.A to assist her because of the wording in the statute. “any parent who fails to support his children is subject
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Doctrinal bases of liability 4 1.1. Reasonable Care and Skill . 4 1.2. Fiduciary Law 5 1.3. Knowing Receipt‚ Inconsistent Dealing‚ and Assistance 6 1.4. Emerging Standard: Due Diligence‚ Suitability‚ Good Faith 7 2. Duty to advise and the liability for the advice given 8 2.1. Duty to advise 8‚ 9 2.2. Liability for advice given 10 Referencing 12 Introduction In this report I defined the duties and liabilities of a Banker under Advisory and Transactional liability in Banking
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Definition of Products Liability (PL) Any cause of action having to do w/a product; not a cause of action in and of itself; rather‚ it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant) Theories of Liabilities / Causes of Actions a. Negligence(§ B - pp. 2 - 3) i. Introduction
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NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted
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the damage; and 5. There must have been no pre-existing contractual relation between the parties. DEFENSES GENERALLY AVAILABLE IN TORTS CASES IN RELATION TO THE ELEMENTS OF A QUASI-DELICT: 1. NO NEGLIGENCE This is a defense of denial that is a COMPLETE DEFENSE against any imputation of negligence. The defendant‚ in order to be absolved from liability must be able to prove that he exercised the proper degree of diligence agreed upon in the contract or required by the nature of the
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TORTS Table of Contents Breach of Duty 3 General Principles for Establish a Breach of Duty 3 The Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable
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Don Cristóbal Colón: Admiral of the Ocean Sea Christopher Columbus is a name that the majority of people are familiar with‚ but when you think of Columbus‚ what comes to mind? Is it tales of valor? Adventure? Well this isn’t the case. Hans Koning brings to light many interesting points that many are unfamiliar with. Koning would tell you that Columbus was an ignorant man with selfish intentions. A man led blindly by greed in an effort to gain great fame and fortune. In grade school we were
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BSAT 510 Assignment One – To Be Graded Spring 2012 This assignment will count 50 points‚ per the syllabus. Instructions: • Show all work on your own paper. It is not necessary to turn in the original data as long as your answers are clearly labeled. • For exercises completed with SPSS‚ include the computer output that supports your answers. • Clearly label and circle (or highlight by hand) each answer. In other words‚ don’t just circle a value on the page without indentifying
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