Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] SGCA 37; [2007] 4 SLR 100‚ which states that the following factors must be satisfied in order for a duty of care in negligence to arise: 1) Test for factual foreseeability 2) Test for proximity
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(such as in the OJ Simpson civil case)‚ medical malpractice‚ product liability‚ and car accidents. To prove fault in a wrongful death lawsuit‚ plaintiffs must meet the burden of proof. This involves showing that the defendant owned the deceased a duty of
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Law and Healthcare HSA515 Health Care Policy‚ Law and Ethics Dr. Harold Griffin January 22‚ 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally‚ this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue
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The dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced
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the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore‚ Stevenson loss the case. b) Regarding to the obiter dicta of the case
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where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant behaved. Where all that the Plaintiff can show is that he suffered injury. To deal with such difficult case where she
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the law of negligence and occupier’s liability‚ economic loss and psychiatric loss. Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts. Duty of Care In certain situations‚ a duty of care is owed to another person. For example‚ a surgeon owes a duty of care to whoever they operate on. The existence of a duty of care is established by the Neighbour Test which was brought in by Lord Aitken after the Donoghue v Stevenson case; In the Donoghue
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problem deals with the tort of ordinary negligence‚ concerning whether InterUrban is liable in damages to Jim and Betty. Jim’s claim: To prove InterUrban was negligent‚ Jim must‚ on a balance of probabilities‚ show the following: 1) a duty of care was owed to him. Under Donoghue v Stevenson‚ this is shown by fulfilment of the ‘neighbour test’ that it was reasonably foreseeable that InterUrban’s omission to effectively warn of the
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Bibliography: * Latimer P Australian Business Law‚ 31st ed‚ 2012‚ ¶4-090 Recognised duties of care. P231 * Civil Liability Act 2002 (NSW) s 5B (1) (2) * Domestic Animals Act 2000 (ACT) Division 2.6 45 * Cooke J Law of Tort Ninth Edition‚ 9thed‚ 2009‚ C1 General Principle of Tort Law. P6 * Jones L Introduction to Business Law 1st‚ 2011‚
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Coal Co ltd v McMullan‚ as being‚ i) the existence of a duty of care owed by the defendant to the claimant; ii) a breach of that duty; iii) damage or injury caused by that breach of duty. Each aforesaid area must be examined‚ and principally established in each separate claim against the defendant‚ for any proceedings against the defendant to be successful. To start‚ the first task is to identify and define the range to whom a duty of care is owed. Negligence is essentially concerned with compensating
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