BTF 5950 ASSIGNMENT QUESTION 1B In order to check whether Eastpac can sue BNZ bank or not‚ a test of negligience would have to be done. Based on what we have learned in the textbook‚ 3 steps should be taken: Step 1: Was there a duty of care owed? According to the question‚ Eastpac bank manager required that Melissa and Fernando had to provide “evidence of their ability to pay their repayments to the BNZ Bank” in order for him to assess whether or not Eastpac would lend the couple money. This requirement
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Understanding How Duty of Care Contributes to Safe Practise What duty of care means in children and young people settings Duty of care – it’s required we have to give the right amount of attention and caution to avoid negligence which would lead to harm to other people. Duty of care is the legal term for safeguarding yourself and others. Children (especially young children) are vulnerable because they have not yet developed the physical and cognitive skills to care for themselves‚ so they
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| |Week 7 |Complete Assignment 2 and submit it to your tutor for grading and feedback. | |Week 8 |Complete the study activities for Unit 6: Tort Law: Negligence and Professional Liability. | | |Call your tutor if you have any questions.
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Four types of Negligence Gross Negligence Vicarious Negligence Contributory Negligence Comparative Negligence Gross Negligence (Highest Level Severity) Gross negligence occurs when someone’s actions are extremely careless‚ and causes risk to the safety of others lives. Examples include: Driving under the influence‚ and causing property damage‚ injuries or even death. Vicarious Negligence Vicarious liability occurs when one party is held responsible for the actions of another party‚ regardless of
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The First Defendant‚ Second Defendant and Third Defendant‚ collectively as the ‘Defendants’‚ refer to the 29th of March 2017 statement of claim and say: Summary 1. The Plaintiffs describe paragraphs 1 to 7 of their 29th of March 2017 statement of claim as being a summary of their case. 2. In the paragraphs that follow 1 to 7 they then set their substantive allegations. 3. As the Defendants respond below to each and all of those allegations‚ there appears to be no requirement for them to plead
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attention‚ caution and prudence that a reasonable person in the same circumstances would. If a person’s actions do not meet this standard of care then their acts are considered negligent and any damages resulting may be claimed in a lawsuit for negligence. ‘Duty of Care’ means that whilst we are responsible for another persons wellbeing we must act with responsibility and diligence at all times to ensure their safety and wellbeing. The term Duty of Care’ affects the work of a Social Care Worker
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2. Where the consequences of the actions could have been reasonably foreseen. Breach of the duty of care is concerned with the standard of care that should have been applied in the situation. If the standards were not reached then there has been negligence in the duty of care. To avoid breaching the duty of care: be aware of where the duty of care exists be aware of where there is a risk that damage or loss may be caused to individuals Vicarious liability: links to duty of care. Vicarious liability
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11/1/2010 | Nelson Tanwin [The Negligent act refers to negligent category A for the case Priscilla Vs Vogue beauty Salon‚ the document excludes the descriptions for Defense.] | Issue The legal issue in this case relates to the law of negligence. Specifically‚ whether Defendant‚ Vogue Beauty Salon was negligent by applying fragranced cream to the skin of Plaintiff‚ Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of
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if it happens‚ and balanced against the cost of the precaution he must take to avoid the risk. If the product of the likelihood of the injury exceeds the burden of the precautions‚ the risk is unreasonable and the failure to take precautions is negligence.” The Louisiana law that set precedents over trip-and-fall cases was Frelow v. St. Paul Fire & Marine Ins. The ruling in this case was that Louisiana law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct
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