1. The substitute teacher‚ Linda Collins‚ is expected to provide the same standard of care as a regular teacher. She can be held liable for any negligence on her part (Cotten‚ 1995). The regular teacher‚ not being present‚ does not have any liability. In this particular case study‚ the substitute teacher works on a regular basis‚ and therefore should understand the level of supervision that is necessary when teaching a class. Since the school district employs the substitute teacher‚ the school district
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examining the contents closely she donates the box to a charity shop. The box is found to contain a flick knife. 3 Question2 5 Critically analyze the following case and say whether or not you think that the plaintiff will succeed under the tort of negligence: 5 References 8 Question 1 (i) Jane‚ a youth worker‚ confiscates a flick knife from a member of her youth club and gives
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DEFENCES IN TORTS The word “defence” bears several meanings in the tort context and a great deal of confusion has been spawned of a general failure by courts and commentators to make their intended meaning clear. Although conventionally the word defence is used to refer to those arguments which when used persuades the court to conclude that the defendant in a case is not guilty. So‚ they basically include “absent element defences” which are denials of the components of the tort that the plaintiff
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trustees Under the doctrine of collective responsibility‚ the entire board is liable for the financial and other consequences of the organization ’s activities. (Business Dictionary.com‚ 2013) Dr. DoRight is responsible to inform the Board of possible negligence causing deaths of patients and what actions he has taken to correct this. He has done neither putting the board and subsequently the hospital in position to be liable for multiple deaths. Dr. DoRight was hired by the Board and has a responsibility
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(Pozgar‚ 2013). Tort law is divided in to two categories unintentional and intentional. Unintentional torts are common in healthcare‚ as most healthcare providers do not intentionally want to cause harm. Situations as such are usually due to negligence. Negligence presents in
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in order to have a claim in court. There were two writs – trespass and case. Trespass was actionable due to direct harm; a preview of intentional torts. Case lets you recover on something that isn’t immediate; sort of the precursor to modern negligence. ______________________________________________________________________________ INTENTIONAL TORTS TO PERSON AND PROPERTY A. TORTS TO PERSON 1. Battery: defendant must act (i.e. a volitional movement) with the (1) intent/desire to cause
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Confidentiality of Health Information‚ HIT 109 Final Exam 40902600 Part A-Answers Essay 1 The responsibility of Dr. Bob first and foremost is to save the life of the patient‚ which is Sally. Doctor Bob must also be aware of his legal responsibility. Among the Doctor Bob’s legal obligations in the case of operating on a minor is the issue of informed consent. Sally being a minor‚ Dr. Bob must seek her parents’ consent before he starts her surgery. In order for Sally’s parents’ to give informed
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Introduction to Business Law Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Candidate number: 122970 Seminar Tutor：David Davies Module
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Q1 Advise Brad as to his rights against the University of Kew Brad could sue the University of Kew in negligence‚ contract and misleading.少写了consumer contract Action against University of Kew in negligence Pure economic loss In this case‚ Brad suffered pure economic loss. Brad completed the course but finally did not become either a CPA or CA on the basis of his Doctor of Accountancy course. Besides‚ he could have earned $300‚000 a year as a management consultant. What is worse‚ he went to
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and the Law‚ duty of care is an element of the tort of negligence and it is defined as the responsibility owed to avoid careless that causes harm to others. Also‚ it necessarily need to test in terms of two types factors such as foreseeability and proximity: legal neighbour because a plaintiff must state and clarify the two factors in order to successfully bring a claim in negligence for compensation for an injury. As the result of the Negligence Analysis steps to establish Duty of Care shows positive
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