The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff‚ once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims
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Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins‚ J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation‚ another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common
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however; the company’s negligence to act reasonably and responsibly made it easier for the delinquents to attack the victims. BUGusa had the duty to make sure light bulbs were working properly‚ and all areas of the parking lots remained well lit up (Melvin‚ 2011). However; BUGusa did not act responsibly‚ and imposed unreasonably risk to them‚ it breached its duty by not maintaining working light bulbs‚ therefore; failing to meet obligations to keep vendors and its employees working in a safe environment
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to the hospital (Miller & Jentz‚ 2010‚ p. 457). Responedeat superior generally states that a business will be responsible for the actions of its employee or employees. Looking at this you have to see if the employee acted within their scope of job duties (Miller & Jentz‚ 2010‚ p. 457). In this case the employees was acting out side of the scope.
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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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to identify key areas of concern around Joe’s level of care and mental/physical wellbeing. I will be looking at issues surrounding the professional values attitudes and behaviours‚ safeguarding‚ communication‚ and social role valorisations (SRV) surrounding Joe. I will also examine whether or not the treatment that Joe receives has had a negative impact on his human rights and mental wellbeing. I will be focusing on the lack of compassion‚ care and professionalism Joe
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was an act ‘performed on behalf of the employer’ and ‘in the supposed furtherance of the interests of the employer’ . It was not an unprovoked act. However‚ it was done in the course of the employees duties. The employer would be vicarious liable for it although it was an excessive performance of the duty to protect the master’s property . Analysis of the decision In reaching the judgement‚ NSW Court of Appeal emphasised three important matters. Firstly‚ before the appellant was taken to the laneway
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The owner set up the requirement that her employees would check the aisles every hour. Trina did attempt to exercise reasonable care. Subsequently‚ the length of time is considered when looking at the dangerous condition. This is to say‚ the length of time the condition had been there. Here‚ the spill happened between 10 am and 11:30am‚ when the cashier had checked the aisle at
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month of recovery. Clearly the municipality owed a “duty of care” to the participant to ensure she was reasonable safe while playing badminton. In describing the “standard of care” the Municipality in providing facilities for the playing of sport‚ in this case badminton‚ must ensure that such facilities can be used in safety for that purpose. 3. The outcome of this case will be in favor of the defendant. The municipality is negligent and its care of the facility and will award the participant damages
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IRAC Analysis no. 3 (case on page 317) Fechter Marek IRAC Analysis Legal issues in the workplace Mariana Martiskova July 20‚ 2012 ISSUE: Is the GTE South‚ Inc. guilty of negligance per se towards Laura Baldwin on the grounds of unlawful telephone booth placement in rights-of-way ? RULE : Negligence per se may occur if any individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured
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