notice anyone dropping it just prior to her fall. She states she did not notice anyone with cheese on their shoes or anyone who was tracking it with their feet. John Simons has been employed by the Mall as a security sergeant for four years. Simon’s duties include walking through the Mall to inspect the common areas for substances that could cause customers to slip and fall. Simons was working on June 13th‚ 2003‚ and between 4:19 and 4:21 p.m.‚ Simons inspected the area where Patterson later fell and
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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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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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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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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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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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Trina Rios could be found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle
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tape had been placed on the floor during the day. 2. A) The factors involved in the defendant’s decision is basically the lack of for their users that cost him a torn meniscus that imply at least 3 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
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The aim of this assignment is to reflect upon The Nursing and Midwifery Council’s (NMC) video safeguarding vulnerable adults 1 & 2; Call Me Joe (NMC‚ 2010). I will be using Rolfe et. al’s (2001) reflective model ‘What‚ So What‚ and Now What’ to facilitate this reflection and 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
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privilege and a duty to make the world a better place Most people would agree that it is both a privilege and a duty to make the world a better place. In the novel A Christmas Carol by Charles Dickens‚ (complete a one-sentence summary of the novel) Scrooge is visited by three ghosts and given a chance to change his future. Three examples of it being both a privilege and a duty to make the world a better place. It is a duty to make people aware of how kind they need to be‚ it is a duty to make mankind
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