Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
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an an act or omission is done without due regards to its result or outcome. In order to succeed in action for negligence‚ a plaintiff must prove three elements or ingredients: a. That the defendant owes him duty of care. b. That the defendant is in breach of that duty. c. That he is entitled to damages. In practice‚ negligence by a business entity‚ selling goods can mean the failure to properly design the product‚ select the materials‚ produce‚ assemble‚ inspect‚ and/or test
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prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old neighbor broke. When hammered‚ the nail flew and stuck the neighbor’s face. Duty - The defendant had a duty to
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endeavours to establish to whom a common law duty of care is owed. The law has expanded considerably by the onset of the concept of foreseeable plaintiffs which is almost 80 years in existence in the UK. It is evasive in determining “whether proximity should now be regarded as a discrete analytical concept around which arguments may be constructed‚ or merely as a slippery expression reflective of the fairness‚ justice and reasonableness of imposing a duty of care upon the defendant in the light of
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court and are usually broken down into the following categories: intentional torts‚ negligence and strict liability. Torts can be intentional and unintentional. The most common unintentional tort is negligence (Best/Barnes‚ 2010). People have a duty to conform to a specific standard of conduct for the protection of others from unreasonable risk or harm. Someone who is injured as a result of another’s failure to conform to those standards have a case for negligence. Negligence is the unintentional
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Torts Defenses to Negligence‚ Pg. 106‚ 4.7 In the case of Peterson v. Donahue‚ Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old‚ advanced skier‚ Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down
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Baroness Hale of Richmand‚ Lord Brown of Eaton under Heywood and Lord Scott of Foscote. All five judges’ judgements were different from each other‚ with no disagreements. The House of Lords in this case ruled that the duty of care owed by landlords to their tenants does not include a duty to warn or otherwise protect against wrongful acts by other tenants. There have been previous attempts to impose liability on landlords for wrongful acts of tenants‚ but these have been dismissed without inquiry. This
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attendant in a children’s playground and his job requires that he act as wicket keeper for the children when they play cricket. Jack’s one good leg is seriously injured when a fast ball crashes into him. He sues the employing Council alleging breach of duty in failing to provide protective guards. Discuss the general nature of care and discuss whether Jack Smith’s common law action would be affected by the fact that he previously had only one good leg. Further state whether he can recover damages
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tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally hold that landowners have a duty of care to protect individuals on their property. However‚ in Hudson v. Janesville Conservation
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True Story of Erin Brockovich Anderson v. PG&E [pic] Michael Kelly Business Law Professor Chowdry Erin Brockovich is the story of a woman who helped 650 people in Hinkley California get justice for the actions of Pacific Gas and Electric (PG&E.) The case was titled Anderson v. PG&E and was actually settled outside of court. It was settled in the Superior Court for the County of San Bernardino‚ Barstow Division. The parties agreed on a settlement of
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