taken precautions. In deciding whether a reasonable person would have taken precautions the following factors are to be considered: What is the probability that harm will be suffered if precautions are not taken; what is the seriousness of the harm; what is the burden of taking the precautions (how substantial is the burden compared to the risk of harm); What is the social utility of the activity generating the risk. These are the questions presented by section 9 of the Act. These principles
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Part 1. Judicial Precedent “Stare decesis et non quieta movere” – roughly translated means “Stand by what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision
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Fail to Succeed Hello‚ I would like to introduce you to a different way of thinking about failure. Most of us know or see successful people in our daily lives. Some of us wonder if we will ever be successful. Some of us think that the successful person has always been this way. I have even heard people comment that success was given to that successful person. Either way you look at it or whatever you think about success. I can assure you most of the successful people you see became successful
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Subject: Negligence Liability of Accountants ______________________________________________________________________ Facts By law‚ accountants may be responsible for customers that hire them in various legal theories‚ including contract‚ fraud and negligence. Accountant malpractice happened when he or she violates the duty of reasonable care‚ knowledge‚ skills and judgment that he or she is due to a client or to the laws to provide auditing and other services. South Asset Management Co hired
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Contributory negligence is not a complete affirmative defence. It is an ‘incomplete defence’ because it does not seek to absolve the defendant of all liability. By invoking Article 2179 (NCC)‚ the defendant accepts that the proximate cause of the injury was his act‚ but he seeks to lessen hisliability by proving that the plaintiff had failed to act in such a way that would have prevented a greater injury. If so‚ there is a need to present evidence of the plaintiff’s negligence—not as proximate cause
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for which the goods are required‚ and shows that judgment and seller‚ the goods must be reasonable fit for purpose’‚ based on the case Grant v Australia Knitting Mills and Wallis v Russell. In the question Tyson has breach s 55 fitness for purpose where he is selling furniture in his Classic Antiques Store but the furniture that he sell are fragile. In s 55 there is certain condition we must satisfy. First‚ buyer must express or the seller has known the buyer particular purpose for the goods they
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Laura is a nurse working in the Intensive care. The physician tells Laura that she needs to give an injection of Vistaril to a patient. Laura makes sure that the order is documented in the medical record. The medication comes up from the pharmacy‚ she checks it against the physician order‚ and finds it to be correct. She walks into the patient’s room and checks the patient’s identification to make sure it is the right patient. Laura gives the injection to the patient’s right upper outer quadrant
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In this type of negligence special skill is required by the wrong doer‚ i.e. the professional is one‚ who prefers to have some special skill. Any doctor who has established a relationship of professional attendance with a patient and who has undertaken to bring a reasonable degree of care to his course of treatment‚ when fails to undergo such degree of care and skill then he may have shown medical negligence. A professional impliedly assures the person dealing
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Activity 12 Pg. 59 #1 1. Provide a broad definition of negligence. Negligence may be broadly defined as the failure to exercise reasonable care to avoid injuring their property. The situation of each case is how the definition of reasonable care is concluded. Most of the time negligence is linked directly to carelessness. The four factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is
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MARSDEN‚ ) ) Plaintiff‚ ) ) vs. ) ) JOHN NMN DOE‚ ) ) Cause No.: Defendant. ) ) Division: Serve Defendant at: ) ) Missouri Division of ) Employment Security ) Claims Department ) 505 Washington Avenue ) St. Louis‚ Missouri 63101 ) ) Serve between 9:00 a.m. and ) 4:00 p.m. Monday through Friday ) PETITION FOR DAMAGES FOR ASSAULT AND BATTERY COMES NOW Plaintiff‚ MARY MARSDEN‚ and for
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