DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Criminal Law and Criminal Procedure Course Assignment 23 November 2012 Guidance Note Q.1. Chan Faat has an argument with his father during dinner. They are both drinking beer. Chan Faat drinks about six bottles of beer during dinner. They start arguing about a recent football match which they had been watching. Chan Faat becomes very angry and hits his father on the head with his beer glass. The glass breaks and cuts the father above the left eye causing slight bleeding. Chan’s father goes
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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Supplies’ CEO has asked you to advise him on the facts of the case‚ and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis
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To: Senior Attorney From: Paralegal Re: Vicarious Liability John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine‚ in most cases‚ an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons‚ regardless of what they were‚ and negligently
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Professional Liability There have been many changes in how healthcare is delivered today as opposed to how it was delivered decades ago when our parents were young. Many years ago there was a close relationship between a doctor‚ patient‚ and pharmacist. There was a considerable amount of trust given to the healthcare professional. They took the time and patience to make sure that their patient received the highest quality of care. Today‚ the healthcare industry is not as personable
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! ! ! 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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A liability hazard or risk emerges from any activity obliging somebody to pay remuneration for another’s misfortune. However this originates from break or breach of some legitimate commitment. Liability tenets or rules are those figured in delict. There are a few basis utilized by insurers as a part of underwriting liability protection these incorporate the accompanying beneath. Causation Basis By utilizing the causation basis the occasions that cause the misfortune or loss must occur amid the time
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This paper summarizes the following relation for one type of health care professional namely Nurse Practitioners that works in the state of Pennsylvania. Patient’s health care and their safety are significantly important throughout this entire paper. All things related to NP’s were taken into consideration; such as‚ the rules‚ regulation and standards that is required by law. However‚ regulations of nursing practices does vary from one state to another but in Pennsylvania; the state Board of Medicine
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Limited Liability Partnership Limited Liability Partnership entities‚ the world wide recognized form of business organization has been introduced in India by way of Limited Liability Partnership Act‚ 2008. A There are no sources in the current document.Limited Liability Partnership‚ popularly known as LLP combines the advantages of both the Company and Partnership into a single form of organization. In an LLP one partner is not responsible or liable for another partner ’s misconduct or negligence;
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