Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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paid to the victim since it was vicariously liable for the damages caused by its employee.After paying for the damages‚the insurers tried to apply their subrogation rights against the victim’s son.Though the court accepted the argument that the negligent person(son) was liable to pay the recovery amount‚but because of public policy pressure the insurers had to give up their subrogation rights here. Also the Zurich Insurance Co. v. Shield Insurance Co.(1988)‚ also helps us to understand that there
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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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