This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
Premium Law Tort Tort law
This problem concerns clinical negligence by omission for failing to diagnose Jane for meningitis and encephalitis. For the hospital to be held vicariously liable for the actions of its doctors‚ Jane must prove misdiagnosis was carried out negligently and directly caused the injury. Lord Bingham said‚ ‘For the purposes of analysis‚ and for the purpose of pleading‚ proving and resolving the claim‚ lawyers find it convenient to break the claim into its constituent elements: the duty‚ the breach‚ the
Premium Law Tort law Tort
Bhutan’s Concept of Gross National Happiness In an increasingly industrialized and globalized world‚ it is very difficult for small developing countries such as Bhutan to stay true to their own cultural identity. Bhutan‚ a small landlocked country located between India and China uses the concept of Gross National Happiness as a tool to ensure that their country is not over influenced by globalization. Gross National Happiness ensures that the economic development of Bhutan is in harmony with
Premium Economic development Western culture Globalization
lays on the ground from the other 3 bullets that were placed in him. I also can back this up by saying these were at least 12 officers on the spot and Officer Jason Van Dyke was the only officer to shoot. There are 5 elements in which to prove “Negligence Tort” I believe that all 5 can be proven in this case. I believe that the officer will be convicted‚ as well he will be sued for a wrongful death case. The family already settled for a few million dollars from the City. I believe once this trial
Premium
productive forces. If there were no development of technology‚ there would be no today’s highly development of human materialistic and mental civilization. In other word‚ technology should guarantee people’s living in a better condition. However‚ human negligence causes letting technology not be suitable to respond possible disasters. For example‚ On August 29 2005 Hurricane Katrina caused over 50 failure of the levees and flood walls which were protecting New Orleans. The failures of the levee and flood
Premium Hurricane Katrina New Orleans Louisiana
Competence & Negligence Scenario 1: You work for a criminal defense attorney who is arrested outside of the courthouse on charges of inhaling nitrous oxide. He was at the courthouse for a pretrial hearing on a cocaine case. After the hearing‚ he returned to his car. He apparently passed out after inhaling as many as 14 canisters‚ stepped on the accelerator of his car and careened in reverse into a parked car. Nitrous oxide is commonly called laughing gas and induces a mild euphoria. The incident
Premium Crime Law Police
Kali Gross’ Colored Amazons sheds light upon African American women’s persona and struggles during post-reconstruction Philadelphia. Not all black women committed crimes during this period‚ but some became well known for badgering and other property crimes. Reporting of these crimes alienated black women from society with criminally bias headlines‚ also the African American women’s body was manipulated and punished by the power of the state and the minds of the people. Just as Foucault‚ Gross believes
Premium Crime Gender Race
In relation to involuntary manslaughter what criticisms can be made of the current law. At present in English legal system there are two homicide offences murder and manslaughter. For the most serious‚ murder proof of an intention to kill or cause serious harm is needed for a successful conviction. If a partial defence is used in circumstances‚ such as provocation or diminished responsibility‚ then the offence is one of voluntary manslaughter. However‚ if someone kills but did not intend to cause
Premium Law Manslaughter Legal terms
gleaned off the Internet? That’s the question confronting an Alberta judge who must soon decide if a mother’s withholding of professional medical care from her 7-year-old son‚ who eventually died from an acute bacterial infection‚ was criminal negligence or simply a well-intentioned but misguided decision. It’s the second time this year Alberta parents have landed in court because their children died after they refused to take them to a doctor or hospital and instead treated them with remedies
Premium Medicine Health care Bacteria
The gross estate is determined by adding the value of all the decedent’s property at the time of his death. See 26 U.S.C. § 2031. Property encompasses both real and personal property. It also includes cash‚ securities‚ insurance‚ trusts‚ annuities‚ business interests and other assets. In addition to the property that the decedent owned at death‚ the gross estate will also include transfers made within a 3 year period prior to his death. See 26 U.S.C. § 2035. The $2 million in trust assets would
Premium