Michelle v Canconcert Pty Ltd Duty: Since Michelle suffers from depression‚ a recognized psychiatric illness‚ and does not suffer any physical injury‚ this is a case of duty of care (DOC) under Mental Harm (MH)‚ as provided in s34 CLWA. Circumstantial factors will be used to answer the reasonable foreseeability question. From the facts‚ ‘sudden shock’ can be established as Michelle was in the midst of buying water when she was suddenly shocked by the bang and screams. Determination of DOC then
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understanding of the legal responsibilities and obligations of the work role? It is necessary for employees to demonstrate; in all work they undertake an understanding of the legal responsibilities and obligations of the work role to support quality care. By ensuring that employees understand the legal responsibilities and obligations applicable to the workplace it becomes possible to set standards to which employees must adhere to. Key Performance Indicators should be set and agreed upon with employees
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Strict product liability Standard of care froms 1. malfeasance 2. misfeance 3. nomfeance degrees ordinary gross negligence- …what should have been done what would ordinary prudent person have done in that situation? What would Jesus do? p.34 chart element of negligence 1. duty to care-legal obligation of care‚ performance‚ or observance imposed on one to safeguard the rights of others.. Case page 34 bonx county 2. breach of the duty 3. injury 4. causation
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injured himself as he tripped over a long hammer left on the ground by the respondent company’s employee. The object was of warning passers-by of a trench which he had been digging at the spot. ▪The appellant was alone but approached with reasonable care‚ waving his white stick in front of him to detect objects in his way. It was accepted that the hammer gave adequate warning of the trench for ‘normally sighted persons’. ▪It was put in evidence that 1/500 people were blind‚ in Woolwich there were
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in Trespass to Person 1. Self-defence and defence of property‚ injury or damage suffered by the plaintiff is caused by the defendant. 2. The defence’s necessity – to save life. Law of Torts – Negligence * Negligence is a breach of duty of care‚ which results in damage to the claimant. * Case of Donoghue v. Stevenson (1932) * Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that
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O’Hare November 10‚ 2011 Week Three Assignment Project 1 If Mary damages a client’s hair she would be held liable. According to our textbook‚ Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman‚ 2010‚ p. 81).” The reason I state‚ that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary
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liability in tort regarding fraudulent trade practices and awareness about the aforesaid is sufficient for adequate and timely redressal to consumers ? INDEX • Deceptive Trade Practices – An Introduction. • Breach of duty of care by the Tortfeasor. • Important cases relating to Deceptive Trade Practices. • Extent of damages. • Redressal by statues and its effect on the quantum of tort suits filed. • General conclusion.
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her job after 4 months. Duty of Care Jersey Joe’s Sports Bar & Grill owed Jodie a duty of care. It is reasonably foreseeable that Jodie could have injured herself by tripping‚ especially since other patrons had stumbled on the same steps in the past. Also‚ according the British Columbia Building Code “…stairs shall consist of (a) not less than three risers in every flight of interior stairs except within dwelling units and where otherwise acceptable‚” Standard of Care Jersey Joe’s Sports Bar
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Carelessness occurs while one pays less attention to the standards of care that a sensible and wise person would have kept in mind all through the same conditions. Because of the reason given‚ the objective of person being sued is of no importance since only the illegal action is important. Proving carelessness requires making clear that the defendant obliged to pay a duty to the petitioner‚ the duty was violated‚ the offence was the actual and contiguous reason of the injury‚ and the
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Negligence is defined as the the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled‚ resulting in injury or harm to another person. In particular‚ in a malpractice suit‚ a professional person is negligent if harm to a client results from such an act or such failure to act‚ but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence
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