Mandatory AIDS Testing AIDS has become a worldwide epidemic that has struck every identifiable group. However‚ persons who are considered to be in a high-risk group of contracting HIV‚ the disease believed to cause AIDS‚ are still stigmatized by the media and other professionals as being diseased and abnormal. It is quite surprising still that this type of stereotype still exists now in our gender-bending society. No longer do only gays‚ prostitutes‚ bisexual men‚ intravenous drug users contract
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TORTS CAN – FALL 2010 - GOOLD Lecture 1: Introduction to the Law of Torts Tort= area of law that deals with wrongdoing. Criminal=public wrongs‚ tort=private Tort= law concerned w/ rights & remedies associated with legal relationships between individuals. - What is wrong with this definition of torts? Fails to take into account key aspects of tort law. Three ways to define torts: (1) Areas of law recognised by courts as torts (e.g. the subjects in the syllabus) (2) Area of law concerned
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au/info-sheets/info-sheet/exclusion-clauses-disclaimers-and-risk-warnings/ help me create table contents Exclusion Clauses 1. Introduction A clause which seeks to exclude or restrict liability for breach of contract‚ breach of implied terms or misrepresentation‚ in a contract that seeks to restrict the rights of the parties to the contract. Exclusion clauses are generally found in contracts. These types of clauses operate to exclude or restrict the rights of a party. For example‚ if a party to a contract
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NEGLIGENCE According to common law‚ “negligence is defined as a conduct that fall below the standard of care necessary to protect other from unreasonable risk of injury”. The legal issue is whether […….] can successfully sue […….] for negligence. In order to know whether the defendant commit negligence or not‚ 4 elements must be satisfied‚ including 1) Duty of care (DoC)‚ 2) Breach of the DoC‚ 3) Causation and 4) Remoteness. 1) DUTY OF CARE Case 1: PHYSICAL INJURY: The first element to be proven
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Assignment Lecturer: Jessica Pereira Name: Minghui Weng Monash ID: 24918814 Q: Can Elsie take action against The Promenade’s management? The issue is whether a customer can take action against the property owner for negligence. If the case satisfies the duty of care owed‚ the breach of standard of care and the damage simultaneously‚ Elsie can sue the Promenade’s management for negligence. As is was explained in Donoghue v Stevenson 1‚ if the Elsie would closely and directly affected by the Promenade’s
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assume the risk. 2. Duress: 1) economic; 2) no reasonable alternative; 3. Ambiguity: consider awareness of ambiguity 4. Unconscionability: unfair surprise‚ oppressive terms 5. Nondisclosure: concealment and fiduciary like relationship 6. Misrepresentation: false statement before the contract that induces it. Requirements: 1) promise 2) undertaking or commitment 3) definite and certain terms (capable of being enforced) 4) reasonably understood under the circumstances as an offer
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ADMS 2610 Law Notes Ch 1- The Law and the Legal System The Sources and Components of Modern Canadian Law The Common Law Def’n- law found in the recorded judgments of the courts -everybody abides by it; is written in a book Statute law- law passed by a legislative body Stare decisisto let a decision stand -a judge must apply the previous decision of a case similar to the one before the court if the facts of the two cases are the sme -adaptability of the Common Law has enabled it to absorb many legal
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EXAM OVER CHAPTER #20 1. I: The issue in this case is to identify what type of authority had the agent. R: Actual authority depends upon consent that the principal manifests to the agent. It may be either express or implied. In either case‚ such authority is binding and confers upon the agent both the power and the right to create or affect the principal’s legal relations with third persons. The express authority of an agent‚ found in the spoken or written words the principal communicates to
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defendants. One of their directors was alleged to have stated falsely that the machine had been reconditioned by a named firm. Had this representation been made by the director with knowledge of its falsehood‚ he would have been guilty of fraudulent misrepresentation. In a civil action for damages for breach of warranty‚ alternatively for fraud‚ the trial judge found that the claim in respect of fraud had been proved on the balance of probabilities‚ but added that he would not have been satisfied had the
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INTRODUCTION In every nurse’s career‚ the nurse is faced with many legal or ethical dilemmas. One of the professional competencies for nursing states that nurses should " integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face during their careers and how they may have been dealt with in the past. It is also important for nurses to understand what malpractice is and how they
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