2.2 The Coal Miner Dawnyel Donaldson Franklin University Healthcare Law and Ethics HCM742-H1WW (F14) Julia Matthews JD/MPH November 23‚ 2014 2.2 The Coal Miner Distinguish among negligent torts‚ intentional torts‚ and strict liability. Describe the major laws that were developed to protect individual’s rights in the healthcare profession. Note several from your text and at least three not listed in your text located from an external source. Answer the discussion questions for the People Stories:
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the rule makers they are under a duty of care to all players in the sport in relation to the risk of injury‚ that this duty featured assumption of control and reliance by players (an identifiable class)Gleeson CJ:"When an obviously risky activity is engaged in‚ voluntarily‚ for pleasure‚ by an adult‚ how does a court determine whether a certain level of risk is unnecessary? … It cannot be the case that all avoidable risks have to be eliminated. … The suggested duty is of uncertain content.""The IRFBs
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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contemplation when thinking about such an action - 3 Elements to Tort of Negligence o DUTY OF CARE: Spandeck Engineering v DSTA • Landmark case for tort of negligence in Singapore • Becomes a universal test for all cases on negligence of tort • Judged that there must be a two-stage test applied • Factual foreseeability is a prerequisite Factual Foreseeability (a prerequisite) • Even when you prove this‚ there is no duty of care yet • Conversely‚ only when there is factual foreseeability then we
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the defendant committed a tort of negligence against her‚ she must prove that: (1) Ling’s Market owe a duty of care to
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1. Alan and Ron are friends who have agreed to spend the evening injecting each other with heroin and water mixes. Ron subsequently becomes unconscious and dies as a result of a drug overdose. Discuss Alan’s criminal liability for the death of Ron. 2.How would your answer differ if Ron had self administered the heroin and water mix prepared by Alan and died as a result of an overdose of heroin? 1) Constructive Manslaughter also refers to as unlawful manslaughter. Constructive Manslaughter
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Rule: The grocery store can only be held liable if it had knowledge of the hazardous condition. Breach of duty is defined as “the violation of a legal or moral obligation; the failure to act as the law obligates one to act; especially a fiduciary’s violation of an obligation owed to another.” Black’s Law Dictionary 214 (9th ed. 2009) Negligence is defined
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in negligence for injury caused by another in the absence of a contract? 2. Does the manufacturer of a product owe duty of care to the consumer to take reasonable care that the product is free from defect? Judgement The issue was complex because her friend had purchased the drink‚ and that a contract had not been breached. So Donoghue’s lawyers had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence. The leading judgement‚ delivered by Lord
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d. Elements of Negligence The four elements of negligence must be present in order for a plaintiff to recover damages cause by negligence. These are duty to care‚ breach of duty‚ injury‚ and causation. In duty of care‚ there must be an obligation to conform to recognized standard. In breach of duty‚ there must be a deviation from the recognized standard of care and there must be a failure to adhere to an obligation. In injury‚ there must be actual damages. And lastly‚ in causation‚ the departure
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proven to establish negligence‚ which are duty of care‚ breach of duty‚ harm‚ and causation (2011). Duty of care meaning that the healthcare professional owed the person a certain standard of care that he or she did not meet. Breach of duty is when the healthcare professional failed to act in a way that was expected from his or her professional area of expertise. Harm refers to the need to prove that harm has been sustained as a result of the breach of duty. Causation is speaking of needing to
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