Case Study Common Law Table of Contents case 1 3 Negligence 4 Donoghue v Stevenson. 4 Element of Negligence 5 Duty of Care: 5 The case of Ryan v Ireland 1989 5 Breach of the duty of care: 6 causation: 7 The Egg-shell skull rule 7 In the case of Vosburg v Putney 7 The type of the injury: 9 Contributory negligence: 9 Badger v. The minister of defence EWCH 2005 10 The limitation Period 11 Case two 11 David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. 12 Vicarious
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The law of negligence has the potential to impose wide liability on defendants. The approach of the courts has traditionally been to try control the scope of allowable claims in negligence and to limit their bounds while balancing the rights to compensation of plaintiffs and the rights of defendants not to be disproportionately burdened. Elias CJ’s quote raises an interesting question about the emphasis of the courts in the formula they have developed to test actionable negligence. Similarities
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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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The two occupier liability acts are‚ the 1957 act covers liability of occupier for injury suffered by lawful visitors. The Duty of care under the 1957 Act is only for people who have permission to be on the site (invitees or licensees) there is no duty of care for trespassers under this act. The 1984 act offers defence for trespassers as to the lawful visitor’s act of 1957. The occupier of the land owes a duty if he knows or has a rational thought as to if the ground is dangerous. The 1957 Act is
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Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable care for its
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others Torts Based on Negligence To recover a plaintiff must show the following four elements Duty Breach of duty Causation Injury. Negligence is an act or omission that results in harm to another to whom the person owes a duty of care A person who intentionally runs over another while driving has committed the intentional tort of battery A person who unintentionally (negligently) runs over another while driving carelessly has committed a tort of battery based on negligence Duty of Care The reasonable
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HI 5018 BUSINESS LAW Week 4 Application of Negligence to Business Chapter 9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion
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Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable Duty 33 Proportionate Liability 35 Breach of Statutory Duty 38 Defences to Negligence 42 Contributory
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Liability Act 1936‚ the word negligence is defined as doing or failing to do a thing that a reasonable person would or would not do in certain type of situation and this may cause a person to suffer from any damage‚ injury or loss as a result. And in order to access the negligence of any individual as well as the liability that those individuals may encounter due to their act of negligent‚ it is important to know how negligence is determined in law. According to the Law of Negligence‚ the Panel is requested
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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