Nursing Liability The American Nurse Association provides guidelines and policies for standards of care and scope of practice; they are listed in the Nurse Practice act. While hospital policies may vary from facility to facility it is the Nurse Practice Act that guides and dictates the standards by which nurse perform their duties and are held liable. Nurse have the legal duty of adhering to the standards of care whenever they are taking care of patients‚ when they fail to perform to these standard
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Draft Limited Liability‚ Rights of Control and the Problem of Corporate Irresponsibility Paddy Ireland Abstract There is has long been a tendency to see the corporate legal form as presently constituted as economically determined‚ as the more or less inevitable product of the demands of advanced technology and economic efficiency. Through an examination of its historical emergence‚ focusing in particular on the introduction of general limited liability and the development of the modern
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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Professional Regulation and Criminal Liability Many natures of complaints occur throughout the health care workforce. Because of the dramatic changes in how health care is delivered over the past few years‚ consumer concerns about liability issues have increased. Patients put their physical health and trust in the hands of health care providers daily. Unfortunately‚ there have been periods when the treatment provided‚ has been accidental or intentional and caused physician harm to the patient.
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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Using the IDEA structure for Criminal Law application questions – example answer. In response to questions from the Jan’ ’10 exam. 1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea The actus reus
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Products Liability Research Paper By Bobby Brown Sunbeam is an American made brand that has produced various household appliances since 1910. Their products have included the Mixmaster mixer‚ the Sunbeam waffle iron‚ Coffeemaster‚ and an automatic toaster. In 1928‚ the company’s head designer‚ Swedish immigrant Ivar Jeppsson‚ invented the Mixmaster mixer. Introduced to the public in 1930‚ it was the first mechanical mixer with two detachable beaters whose blades interlocked. Barbara Thompson
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