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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where the defender voluntarily commits an act or fails to act when the law imposes a duty of care and this failure to implement the legally required standard care causes the pursuer to suffer a personal injury or loss or damage. Negligence is harm which is caused unintentionally. Negligence claims arise because the defender owes what is known as a duty of care to the pursuer and‚ unfortunately‚ a breach of this duty occurs and as a result the defender suffers loss‚ injury or damage. In order to succeed
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1. Reasonable care means having the duty to avoid injuring others‚ both bodily injury and property damage. It also refers to when someone uses ordinary prudence under the circumstances to avoid injury or other loss. 2. A breach of duty is when someone’s unreasonable conduct endangers someone to whom they owe a duty of care to. 4. The standard of care in most negligence cases is the degree of care that the law requires in a particular case. In most cases‚ the standard is reasonableness. What an
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Running head: NEGLIGENCE PAPER 1 Negligence Paper HCS478 September 9‚ 2013 Negligence Paper Mr. Benson‚ a 62 year old male who suffered from poor circulation caused by diabetes underwent surgery for below the knee amputation. When he woke up from surgery he realized they amputated the wrong leg. Undergoing surgery is traumatic enough‚ but having the wrong limb removed is a mistake that has irreversible effects. Negligence and malpractice will be discussed‚ followed
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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 petitioner is subject to get compensation to
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Law of Negligence‚ the Panel is requested to examine the formulation of duties for Tom and the bar owner; the causation of Tom and the bar owner; the foreseeability of harm by the two parties as well as the remoteness of the risk. Furthermore‚ it is important to understand if there is any contributory negligence for Tom and the bar owner (Attorney General of Western Australia‚ 2008). To begin with‚ the bar owner hold the duty of care to Tom as he was the customer to the bar. The bar owner should
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Bubbles West Street Newport Isle of Wight PO305BF Dear Jo Blogs RE: Thinking of working in Care Profession It’s nice that you are thinking of joining the Care Profession‚ you must understand that as a Health Care Assistant you have a duty of care‚ this comes with roles and responsibilities. You must act in the best interests and welfare of the service user; by this you must do your best to keep the service user from any harm‚ to prevent this you must keep the environment clean and tidy
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failure to properly inspect and test their products prior to selling and distribution. The plaintiff’s causes of action against Victoria Falls Bungee Co. are as follows: The defendant can be found to be negligent as they have breached the owed duty of care of properly maintaining all equipment‚ resulting in the harm of the plaintiff. If the bungee cord was not properly maintained‚ this would have directly caused the bungee cord to snap and lead to Langworthy’s injuries. In addition‚ professional
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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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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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