established that the defendant owed the claimant a duty of care‚ the claimant must prove that the defendant was in breach of duty. ------------------------------------------------- A breach of duty occurs when defendant has not taken care‚ i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test‚ i.e. the defendant is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendant’s haystack caught
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existence and breach of duty of care. Therefore‚ in order to be guilty of gross negligence manslaughter‚ D must owe a duty of care to V‚ must have breached that duty‚ and the breach must have caused V’s death. This breach must have been grossly negligent. The first issue to be examined is whether D owed a duty of care to V. Where the crime is by an omission‚ the duty of care would be determined on basis of whether there is duty to act. Since V’s death resulted from an omission rather than an act
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a family member to a wrongful death‚ you know that money cannot replace your loved one. Receiving compensation from the negligent party‚ however‚ can help you pay for costs related to the tragedy. Plus‚ many people find closure when the responsible party is held accountable for its actions. What Is A Wrongful Death? A wrongful death occurs when a person dies from a negligent or wrongful act committed by a person or entity. Wrongful death can occur under many circumstances‚ including: Auto accidents
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In this essay I intend to examine the issues surrounding nurses ’ accountability in relation to the scenario discussed‚ and to Adult nursing. From the group sessions and further reading I have broaden my understanding of what being an accountable practitioner involves. Nurses are highly responsible for their own actions and care they provide. Consequently they are professionally accountable to the Nursing and Midwifery Council‚ (NMC) as well as their employer‚ public‚ patient‚ families and to themselves
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Sport and the Law Nathan Bracken vs Cricket Australia Case This case study will outline and discuss the lawsuit by Australian test cricketer Nathan Bracken against Cricket Australia for negligence which he believed ended his cricketing career prematurely. The following article is from the Australian newspaper on February 9‚ 2012. Nathan Bracken sues Cricket Australia for $1 million over knee injury. Former Australian Test seamer Nathan Bracken is suing Cricket Australia‚ alleging
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internal and external stakeholders When it comes to the impact of this negligent event‚ it is needless to say that the child‚ Courtnie Williamson‚ suffered the worse consequences of all‚ she will be affected physically‚ emotionally‚ and intellectually for the rest of her life; with therapy and willpower she might be able to recover to a certain extent‚ but there is no certainty on the success of any treatment. This negligent act limited the future of this child and the way that she might be productive
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Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he did not owe her a duty of care. Decisions: Mrs. Donoghue was entitled to recover damages against Stevenson who was negligent. He owed a duty of care to the consumer to take reasonable care by examining every bottle of ginger beer before the beers reached
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Some forms and levels of misrepresentation are acceptable by daters‚ while others are perceived as a nuisance. The most common lies are about age‚ marital or parental status‚ appearance‚ income‚ or profession. Misrepresentation is also very common practice in face-to-face encounters. For instance‚ during a job interview‚ or while on a date‚ people seek acceptance and try to
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each of the two terms signifies different intervals of time; therefore‚ this dual meaning introduces the likelihood of misrepresentation. In this article‚ the authors focus on the common method of gauging the average tenure of city managers‚ the potential for misrepresentation‚ the misuse of the “average tenure” statistic derived by this method‚ and the consequences of misrepresentation or misuse. Data This study examines the completed tenures of city managers in 120 U.S. cities from 1980 through
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In today’s society‚ there are various issues occurring daily that effect large communities. These issues arise because the populations are either oppressed‚ or uneducated of the consequences of these issues. One of the issues that currently needs to be addressed is that of schizophrenia in people of color. Currently‚ the representation of African Americans with schizophrenia is much greater than that of those who are not. Presently‚ individuals of color who are admitted to hospitals across the
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