strict liability Act/Omission/Advice Expressions Tortfeasor Damages What the plaintiff has to establish to prove negligence. The defendant will only be liable if the plaintiff can prove that: 1. D owed them a duty of care 2. D was in breach of the duty of care 3. D’s breach of duty was cause of P’s loss 4. The damage suffered by P was not too remote Donoghue v Stevenson [1932] AC 562 - Stevenson manufactured soft drinks - Drinks sold in opaque bottles - D’s friend bought her a ginger beer
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Principle The claim on tort of negligence is based on three elements‚ which are duty of care‚ breach of duty and the breach resulted in Damage. The case of Donoghue v Stevenson‚ regarding the snail in the bottle of ginger beer‚ reached the House of Lord in 1932. Lord Atkin formulated a general principle from it to govern the existence of a duty of care and this was the neighbor principle. In order for a duty of care owed there must be reasonable foresight of harm to persons whom‚ it is reasonable
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person in similar circumstances would perform‚ or if an act is committed that: a reasonable person would not commit. 3. To whom is duty of care owed? Nonpatients (pg.94) 4. If a custodian sues an employing physician for ordering her to lift a heavy bookcase that injures her back‚ is the issue of liability standard of care or duty of care? Duty of Care 5. What is the basis for most medical malpractice claims? High damage awards in tort cases have led to a malpractice insurance crisis
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Tort law and the Civil Liability Act QLD 2003 Negligence is defined as breaching the duty of care owed to someone and can be due to a person’s actions or omissions. Duty of care is the legal obligation to care for the rights of other people. Various factors and tests are often used to prove that a breach of duty of care occurred‚ including the ‘but for’ test‚ reasonable foreseeability‚ the standard of care owed to the plaintiff and if the plaintiff was the defendant’s ‘legal neighbour’‚ meaning
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elements and defenses come into play the actions may differ‚ however‚ where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful person would use under the circumstances or somebody does something that a reasonably careful person would not do
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Issue: Is Michelle performed carelessly that brought on mishap and consequence of Rebecca injured? The elements of a negligence The plaintiff must establish these steps in damages for negligence: 1. Duty of Care: • Take care to avoid acts or omissions is the one reasonable foreseeable- meaning that a reasonable person appreciates the risks and takes a practical steps to minimize likely adverse consequences see Grant v Australian Knitting Mills Ltd [1933] and Donoghue v Stevenson [1932] • The loss
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disclosures: s156(1)&(5) Duty to retain discretions Duty to avoid conflicts of interests Duty to use powers for a proper purpose Duty to act in good faith in the interests of the company Liability for fraudulent trading: s 340(1) General law Duties Loyalty and good faith THE DUTIES Care and diligence Duty to act honestly and to use reasonable diligence: s 157(1) Statutory Duties Duty to act with reasonable care and diligence Administrative duties: Eg general disclosure:
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Defendant had a duty of reasonable care‚ Defendant breached that duty‚ the breach was the actual and proximate cause of the plaintiff’s injuries‚ and some sort of damage occurred to the plaintiff. a. Duty A general rule is that the defendant whose actions expose others to an unreasonable risk of harm owes a general duty of care to any foreseeable plaintiffs‚ which a reasonable and prudent person would provide in the same or similar circumstances. Here‚ Barry‚ who is a barber‚ he has a duty to provide
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Question 1. Protesting is a declaration of objection‚ disapproval‚ often in opposition to something a person (group) is powerless to prevent or avoid. In this case‚ the protestors were greedy and went on strike in the hopes of getting shorter hours and better pay. In addition‚ other drivers were involved voluntarily and involuntarily‚ feeling like that they had an obligation to protest. The issue of this question is to determine the offences committed by the China national train drivers under
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floodgates arguments are sometimes encountered in this area‚ there are other reasons why a duty to take care not to cause foreseeable economic loss to the claimant is not always appropriate. Hale J‚ McLoughlin v Jones (2002) Psychiatric injury is different in kind from economic loss. It has restricted its scope of any duty to avoid causing purely economic loss. It is not always appropriate to impose a duty of care to avoid causing foreseeable economic loss through negligence. Even proximity is unlikely
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