The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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Legal studies Introduction Negligence is a failure to take reasonable care to avoid causing injury or loss to another person (Law Hand Book‚ 2013). Negligence can be used when a party has experienced loss or damage from the wrongful actions or omission to act of another individual. This principal can be found in The Civil Liability Act 2003(Qld). The following report will examine the tort of negligence While analyzing the case study of Mr. Jones vs Blue Board Production and will provide an evaluation
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The duty of care has been breached Law 02 the second sttage of negligence You have not started this quiz yet. You have 17 questions to answer. ------------------------------------------------- Top of Form 1. Breah of duty is the second stage of negligence. We can prove if there was a breach of duty by using the ’............’ test * reasonable person * reasonable man * degree of risk * standard of care 2. In this test there is an ’.........................
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Case Analysis Report Throughout the course you have been using the concepts and tools of strategic analysis and management to answer questions about particular case studies. For the final project you will draw on this experience to write an original case analysis report based on the following textbook case: Case 22: "Wal-Mart Stores Inc. in 2008: Management’s Initiatives to Transform the Company and Curtail Wal-Mart Bashing‚" by Arthur A. Thompson‚ C367–C400. The Wal-Mart case lays out Wal-Mart’s
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bonding time between baby and parent if stay together. Another negligence happen is nurse did not do the assessment to the baby due to parent is the first person notice of changes of baby hands but not a nurse in charge. Third‚ the nurse in charge did not take the first action by notice of baby hand already turned bluish and cold to touch which is indicate of lack of blood circulation. Element of malpractice Malpractice is a type of negligence‚ which is a licensed professional‚ fails to provide services
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Unintentional torts arise when an act or omission triggers unintended injury or harm to another person. Negligence and malpractice fall under unintentional tort. Malpractice and negligence are very similar. Negligence is failure to do something that a reasonable person would do in similar circumstances‚ or doing something careless that a reasonable and prudent person would avoid doing (Burckhardt & Nathanial
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Student June 28th‚ 2014 LAW-201 Assignment #1 Case Studies 1 & 2 Case Study #1: Students for Fair Tuition and GSU President (incl. Mrs. Pimply) In the case of the "Students for Fair Tuition" and Giant State University’s employees (Mrs. Pimply and the GSU President) there were many notable concerns and events that took place that create valid reasoning to review possibility of crime having been committed on that day. A tort is once again not a criminal act‚ but rather a small offense
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COURSE Diploma of Business & Enterprise (3113C0207) UNIT OF STUDY Business Law (3113C0207U02) ASSESSMENT TITLE Assignment 2-Sichuan University ASSESSMENT TYPE Essay and Case Studies Instructions • Weighting This assessment is worth 20% of your final result for this unit of study • Due Date End of week 13 • This assignment has 4 questions. Each question is marked out of 10 and the total marks will be converted to a mark out of 20. All questions must be answered
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Liability based on negligence because there clearly a failure to exercise the degree of care that a reasonable‚ prudent person would have exercised under the circumstance. +No assumption of risk because the plaintiff knew and appreciated the risk created by the product defect and the plaintiff voluntarily assumed the risk‚ even though it was unreasonable to do so. -Kolchek will be UNABLE to sue Porter but is able to sue Great Lakes.
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coincide at a specific point in time. In the case of R v. A.D.H‚ the accused was charged with unlawfully abandoning a child under the age of ten years‚ in accordance with section 218 of the Criminal Code. I agree with the decision to acquit the accused‚ as the Crown failed to prove the mens rea beyond a reasonable doubt. The decision to acquit is correct because firstly‚ the highest court in Canada‚ the Supreme Court‚ which also creates precedents and case laws at the top-level decided to acquit her
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