Administrative Law deals with the powers of the administrative authorities‚ provides legal boundaries the manner in which the powers are exercised and the remedies which are available to the aggrieved persons‚ when those powers are abused by those authorities or when they refuses to perform their duties .The doctrine of legitimate expectation is relatively new concept which gained standing after it was introduced Ridge v Baldwin and fashioned by Courts for the review of administrative action. In
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Assignment 1- Document Analysis Introduction The policy that will be analysed is the Western Australian Duty of Care for Students policy from the Department of Education. “Duty of care is a legal concept that has its origins in the common law. The common law is a collection of legal principles that have been established over time by the courts. The duty of care principle not only underpins‚ but to a large extent drives most school policies and practices”. (Western Australian Department of Education
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requiring people not to swim at the like. Additionally‚ patrol was hired to patrol in the public park‚ which is a large area‚ in a regular basic. Thus‚ the local government has been carrying out its duty to people present at the park. In section 6‚ the law states that “No duty is owed by virtue of this section to any person in respect of risks willingly accepted as his by that person”. Tom’s act of diving into the lake was voluntary and he was fully aware of the danger and injury that he might suffer
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To begin with‚ one must review the state law to determine both employer and employee rights. This case occurred in Ohio‚ and after reviewing the state law‚ it is determined that employers are in fact protected from defamation lawsuits unless one of the following occurs. First‚ the protection is available unless the employer intentionally discloses information knowing that it was false before the disclosure. Second‚ if the employer deliberately intended to mislead the prospective employer by disclosing
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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 ordinary prudent person would do under the same or similar circumstances. The standard of care is the way in which we measure the breach of duty that leads to negligence
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| Issue The legal issue in this case relates to the law of negligence. Specifically‚ whether Defendant‚ Vogue Beauty Salon was negligent by applying fragranced cream to the skin of Plaintiff‚ Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant Law and Application 1 Did the Defendant owe the Plaintiff a duty of care? As per Donogue V Stevenson‚ the law states that the defendant owe the plaintiff a duty of care
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Hot coffee spill worth cool award McDonald ’s may fork over $2.9 million Denver Post Copyright 1994 Friday‚ August 19‚ 1994 The Associated Press ALBUQUERQUE - A woman‚ who was scalded when her McDonald ’s coffee spilled won a jury award of $2.9 million - or about two days ’ coffee sales for the fast-food chain. Lawyers for Stella Liebeck‚ 81‚ who suffered thirddegree burns in the 1992 incident‚ contended that McDonald ’s coffee was too hot. A state district court jury imposed $2.7 million in
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FACTS: April works in a law firm that defended an accused criminal who is now in prison serving a life term. April wants to write a series of magazine articles using the client’s history as her subject matter. Since going to prison‚ April and the client have become “pen pals”
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Question 1 Mary v Peter Issue Given that Mary was injured by Peters’ act‚ is he solely liable for the accident? Law * In this case‚ we have to look at the Civil Liability Act 2002 (NSW) to determine who was negligent and in specific‚ we use s 5B(1)‚ s 5B(2) and s 5R of the Civil Liability Act 2002 (NSW); s 5B(1) for the reasonable foreseeability test‚ s 5B(2) for determining if the standard of reasonable care has been breached and s 5R for contributory negligence. * Where both the
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Discuss the extent to which the rules on causation need to be reformed? Causation refers to whether the defendant’s conduct caused the harm or damage in a crime and it must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the ’but for’ test. In most cases‚ factual causation alone will be enough to establish causation. However‚ in some circumstances it will also
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