BUSINESS REGULATION SIMULATION Mary Grace C. Viray LAW/531 May 25‚ 2013 Professor Gregory Martin In analyzing the tort violation that Alumina‚ Inc may have possibly violated‚ they may be looking at negligence tort. There was definitely a breach of duty but still needs to prove that there is a proximate legal cause of injury from the result of environmental non-compliance of Alumina to be considered a case of negligence. After the violation‚ the company should have developed Enterprise Risk Management
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plaintiff’s injury would be less if the plaintiff did not have unusual thin skull or weak heart. Moreover‚ according to the egg shell skull rule principle‚ a tortfeasor has to take his victim as he finds him. To summarize‚ if the defendants breach his duty and cause foreseeable
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Personal Injury Attorneys Thomas‚ Conrad & Conrad in Eastern PA Thomas‚ Conrad & Conrad Law Offices represent personal injury clients in compensation claims. Personal Injury Attorneys on Your Side If you have suffered a personal injury‚ obtaining legal representation is essential to obtaining the compensation you are due by law. When the negligence or carelessness of another has led to your pain‚ you deserve to have someone advocate for you to determine the damages and liabilities associated with
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serious law suits and punishment towards the professional. According to Jacob and Hartshorne suits are filed against school psychologist under the state law if the psychologist/practitioner harms their client by acceptable professional standards of care. School psychologist can also be liable for malpractice in the courts‚ if the school psychologist violates the code of conduct from NASP or APA. These codes can include‚ Protecting the welfare of their clients and whomever they interact with professionally
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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The Sally Smith’s and Larry Landlord The issue is whether did Larry Landlord fall below the standard of care by not maintaining the fire alarm in the hallway properly causing the severe injury of Sally Smith? I believe Larry Landlord fell below the standard of care in this case. To the reasons set forth below: According the rule of reasonable person under the standard of care‚ I can definitely foresee the injury coming. Her injury could have prevented if the landlord has maintained the fire alarm
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These professional men and women are not only required to take reasonable care but also to measure up to the standard of competency that can be expected from such professionals-that is the standard of‚ for example the reasonable nurse or the reasonable solicitor. The Irish Supreme Court considered the issue of Medical Negligence in The case of Dunne v. The National Maternity Hospital {1989} IR 91 and set out the standard of care in what we call professional negligence. In this case the plaintiff sued
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DEFENCES TO NEGLIGENCE Up to the D to prove that the P’s also did not exercise the same reasonable standard of care for the community CONTRIBUTORY NEGLIGENCE * Contributory negligence involves a failure by the P to take reasonable care for his or her own safety that contributes to his or her damage * Apply section 5R – need to show that the P failed to take reasonable care for his or her safety or for the protection of the P’s interest * It is an objective standard that is
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herself did nothing aggressive. Should she have prevented the harm? Does her failure to stop the assault make her liable?” When analyzing any act of negligence‚ asking questions like these can help to answer any case’s Issue concerning a defendant’s duty to an involved
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Assignment 204 Introduction to duty of care in health‚ social care or children’s and young people’s settings Assignment composition Assignment overview In this assignment‚ you will demonstrate your understanding of what is meant by the term ‘duty of care’. You will consider the types of dilemma that you may arise in adult social care work‚ and find out where to get advice and support to handle these. You will look at how to respond to complaints‚ making sure you know and follow
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