consumer under consumer protection Act 1986. Doctors owe certain duty to take care of the patient and to give proper treatment for some consideration. But he gives treatment to the patient without care and caution is called as negligence. He will be liable for his negligence act and given compensation to the patient. It comes under section 2(1) (0) of the consumer protection Act 1986. DEFINITIONS: Patient: Patient is defined as someone under medical care.2 Consumer: A consumer is a person who hires
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plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike‚ which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence. ISSUE Is the defendant liable for the plaintiff’s injuries despite the fact that the
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Concurrent liability Text [13.45] – [13.65]‚ [13.80] – [13.120] Vicarious liability is the liability of an employer for a tort committed by an employee within the course of employment Stevens v Brodribb sawmilling the existence of control between an employer and employee is not enough to prove a relationship for vicarious liability. Further criteria such as obligation to work‚ hours to work etc is also considered Elazac pty ltd v Sheriff the plaintiff was not an employee but a contractor
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Ors v Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011) There are different categories of negligence and the one concerning the above mentioned cases is Pure Economic Loss. A claim
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acquittal of Reginal Hill in the criminal case has not extinguished his liability forquasi-delict‚ hence that acquittal is not a bar to the instant action against him.- Barredo v Garcia (dual character — civil and criminal — of fault or negligence as a source of obligation):"The above case is pertinent because it shows that the same act may come under both the Penal Code and the Civil Code. In that case‚ the action of the agent was unjustified and fraudulent and therefore could have been
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vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician negligence has been limited. But this is changing as hospitals evolve and vicarious liability doctrine is expanded by the courts. Scott v. SSM Healthcare St. Louis (2002) (page 419) -Lawsuit over medical malpractice after a teenager required brain surgery
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Retrieved from The University of Phoenix eBook Collection. Nicholson‚ J. (2012). www.ehow.com. Retrieved from http://www.ehow.com/about negligence Nightingale Pledge. (2012). In Wikipedia. Retrieved from http://en.wikipedia.org/wiki/Nightingale_Pledge Nursing. (2012). In Wikipedia. Retrieved from http://en.wikipedia.org/wiki/Nursing Stern‚ D. (2012). What is Negligence in Nursing? Retrieved from http://www.ehow.com Strader‚ M. (1985‚ November). Malpractice and nurse educators: Defining legal responsibilities
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a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn‚ breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no
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CASE ANALYSIS: BREACH OF DUTY OF CARE BY AN AUTHORITY AND CONTRIBUTORY NEGLIGENCE Summary of Facts Carey v Lake Macquarie City Council is an appeal from the district court of New South Wales‚ concerning negligence. The appellant‚ Carey‚ was riding his bicycle through a public park before sunrise‚ which he did regularly. One morning the appellant took a path he had never cycled on before. He was injured after cycling into a bollard positioned in the middle of the path. The bollard was slightly visible
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Bibliography: 1. ^ Gardner‚ Simon. (1995). "Manslaughter by Gross Negligence" 111 Law Quarterly Review 2. 2. ^ Law Commission Consultation Paper No. 177‚ A New Homicide Act for England and Wales. 3. ^ Law Commission Report No. 304‚ Murder‚ Manslaughter and Infanticide. 4. ^ The Offences against the Person Act 1861
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