Question 1 Issue: Did Kevin owe Darryl a duty of care? Law: Occupier’s Liability Cases: Hackshaw v Shaw (trespasser case) OR Consolidated Broken Hill Ltd v Edwards (this is the better trespasser case) Issue: Did Kevin breach his duty of care to Darryl? Law: Sections 9(1) and 9(2) Civil Liability Act 2003 (Qld) (CLA) Boulton v Stone‚ Paris v Stepney Borough Council to explain and apply ss 9(1) and 9(2). Sections 13 and 15 CLA (obvious risk and duty to warn) – Application: Kevin breached
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Module 4- Case Corporations‚ by legal charter‚ are not a single entity and do not have a central owner; however‚ this does not keep corporations from being liable for criminal actions or criminal liability. Corporate criminal liability in law determines to what extent a corporation‚ basically a fictitious entity‚ can be held liable for acts and omissions of actual people that the corporation employs. In 1909‚ the U.S. Supreme Court ruled that a corporation “could be held criminally liable
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Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person would in the circumstances Two Stage Process What is the relevant standard of care? Has the standard been breached? Onus of proof Plaintiff on balance of probabilities Standard of care Question of law Objective test- the reasonable
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1. Importance of Donoghue v Stevenson Case The case established 3 things The case established negligence as a wrongful act for which there was a legal liability. The notion of duty of care was formed which if infringed would result in damage. The neighbour principle was established by Lord Akins namely that your neighbour is anyone who may be affected by your acts or omissions. Main points of Case (The details of this were) Mrs Donoghue drank some ginger beer in which she found the remains
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did not show unreasonable. As a result‚ he found that the appellant did not breach the duty of care and so he dismissed the respondent’s suit. (Zaluzna) However‚ the respondent appeal to the Full Court and stated that the Trial Judge was wrong in law in finding that the defendant did not owe the plaintiff a general duty of care. The Counsel held three reasons for supporting to appeal. The first was occupier’s liability and the Store did owe the special duty to Mrs. Zaluzna described in Indermaur
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When someone dies due to the negligent or reckless behavior of another party‚ the estate of the deceased may elect to file a wrongful death claim against that party. These types of claims seek monetary compensation for the loss and are typically brought with the aid of a wrongful death attorney. What Is Wrongful Death? A wrongful death claim may apply when an individual is killed due to the legal fault of another person or party. Common examples of a wrongful death claim include murder (such as
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Chair of Law Principles of law TORTS Term paper Authors: Annie Ivanova FN: 13114161 Miroslav Milkov FN: 13114173 Sofia‚ 2014 1 Contents I. II. Definition and overview……………………….…………………………………………..3 History 1. Roman law……………………………………………………………………………………3 2. Medieval period…………………..……………………………………………………….3 3. United states influence…………………………………………………………………4 4. Modern development…………………………………………………………………..4 III. Comparative law and conflict of laws 1. Comparative
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The law specifically addresses discrimination in the workplace. The case presented relates specifically to section 703 which states it is unlawful to discriminate against an individuals race‚ color‚ religion‚ sex‚ or national origin ("Title VII of the Civil
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Professional malpractice is a very serious and demure law .Professional Malpractice is harm to a client caused by the failure to follow professional standards and ethical principles. The failure to follow the codes‚ conducts and laws can result in serious law suits and punishment towards the professional. According to Jacob and Hartshorne suits are filed against school psychologist under the state law if the psychologist/practitioner harms their client by acceptable professional standards of care
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Hospitality The hospitality industry is a broad category of fields within the service industry that includes lodging‚ event planning‚ theme parks‚ transportation‚ cruise line‚ and additional fields within the tourism industry. The hospitality is a several billion dollar industry that mostly depends on the availability of leisure time and disposable income. A hospitality unit such as a restaurant‚ hotel‚ or even an amusement park consists
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