Roughly 10 years ago a court case was introduced to sue McDonald’s Corporation for knowingly selling defective products. The particulars of the case involved a woman spilling hot coffee on her-self and being injured very badly because of it. Public opinion was (and largely still is) strongly against the woman and her settlement. Her stepson wrote an article to argue that she was justified in receiving a settlement due to the defective nature of the product being sold. The claim being presented
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A breach of duty is when one person or company has the responsibility to care of a person or a company‚ in order to establish this the court needs to have the answer the five questions below and take inconsideration all of the answers before making a decision ("What is Breach of Duty? | Define Breach of Duty‚" n.d.). 1) Did the defendant have a duty of toward the plaintiff? If so‚ was it a duty of reasonable care‚ or was it based on professional liability‚ premises liability‚ or another type of
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Introduction In Sprod bnf v Public Relations Oriented Security Pty Limited ‚ the court was concerning about whether the Security company was vicariously liable for the violent conduct of its employees. The case analysis is to examine the approach to the decision of the court and indicate further developments as well as commercial implications. Relevant Facts The appellant‚ Mr Sproud was assaulted by two security guards who were employees of the respondent‚ Public Relations Oriented Security
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In the case of Scarlet Rose her claim for damages done to her and bills brought up for damages that occur to her because of her slip and fall accident at the Nickel & Dime store on January 31‚ 2001. Ms. Rose wants compensation for the accident at Nickel & Dime and her medical bills paid. Ms. Rose entered Nickel & Dime and as she was walking and she slipped over a box in the middle of the isle that an employee had placed there. Ms. Rose says that she did not see the box as a rack was blocking her
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Standard 5 Evidence Booklet Principles for implementing duty of care Main area 5.1 Understanding how duty of care contributes to safe practices: Outcome 5.1.1 Question 1 What does duty of care mean for you in your work role? Your duty is to encourage tenant in the best possible way you can and to support and attending to their needs Outcome 5.1.2 Question 1 How does your ‘duty of care’ contribute to the safeguarding of people you support Standard 5 Main Area 5.2 K now how to address
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Work effectively in the community sector Assessment 2: short answer questions 1) Explain what is meant by the term “duty of care” and how it relates to your legal responsibilities in the community services sector? It refers to the obligation to take responsible care of an individual or organisation to avoid acts to be likely to cause harm to others. It relates to our legal responsibilities in the community service sector: The organisation will have developed workplace policies and procedures that
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.2 R v Sally Clark (1999) 5.2.a Danger of multiplying probabilities together One of the laws of probabilities states that when the events are independent of each other their probabilities can be multiplied together. This is called the product rule. In the trial‚ Roy Meadow was asked to present some statistical information as to the happening of two cot deaths within the same family. It was explained to the jury that there were factors that were suggested as relevant to the chances of a Sudden Infant
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a) An omission is failing to act. There is no liability for a failure to act. For example‚ if a person is drowning‚ we are under no legal duty to help him‚ even if we are close enough to do so. However‚ there are exceptions to this. When a person is under a contract to act‚ his failure to do so can mean the defendant is criminally liable. This is shown in R v Pittwood (1902) where the gatekeeper of a train track forgot to close the gate. A car went over and the passengers died. The gatekeeper was
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1. How do the doctrines of Duty to Protect and Duty to Warn apply to this scenario? -There are many ways that Duty to Protect and Duty to Warn apply to this scenario. In the scenario we are told that a mental health caseworker has a client that verbally admitted to physically abusing her children during the session‚ and the caseworker later decides to tell her supervisor about the situation and seek guidance. Since the caseworker’s supervisor was not there there was a person there to cover for the
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The respondeat superior doctrine makes employers directly liable for harm caused by their employees as long as they are acting within an official capacity. These actions must be within their scope of employment‚ relate to their work and take place during working hours and in the area they work (Walsh‚ 2014) The narrow issue is whether or not Mr. Mellon legally responsible for Mr. Bundy’s actions under the doctrine. Betty would be required to prove that Mr. Bundy was acting in the scope of his duties
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