Procedural History: Plaintiff brought suit against defendant for fraud and breaches of warranty. Summary judgement granted in favor of defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a
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Identify the relevant parties or players in the fact scenario: Bilbo Baggins is the plaintiff in this situation if he does sue for wrongful dismissal. The accusations around him provide facts to his situation. Orc Industries Corp would be classified as the defendants‚ as they’re the ones sued or charged with a crime. In this case‚ it’s in regards to wrongful dismissal charges. Which may only be relevant if Bilbo Baggins chooses to sue them for it. The two main players are mostly representative
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L.O 1.1 A duty of care is a legal obligation required by individuals within the work setting that they must obey by. People within the work setting must meet the required standard of reasonable care while doing tasks etc. that could potentially prevent the cause of harm to others. It is my responsibility while caring for children within my setting that I promote their independency and assist them to understand and exercise their own individual rights. I must follow the correct procedures and report
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The risks and responsibilities relating to duty of care around clients with disabilities is guided by The Disability Act of 2006 and the Disability Amendment Act 2012 which made minor changes to the Disability Act 2006 and the Disability Discrimination Act of 1992. Set standards are legally binding regulations. However‚ guidelines that support individuals and organisations to understand their rights and fulfil their responsibilities are not legally binding. However‚ duty of care requires that
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The standard of care is an anthropomorphic concept of justice. It is the level of consideration a reasonable individual would do in a particular condition. As a general test‚ the standard of care required is an objective one‚ which is of a ‘reasonable person’. The reasonable person manages the inquiry: What might a sensible individual have anticipated in the specific situation? In this manner the litigant is required to take as much care as a reasonable person would have taken in his position. Be
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diverse on male and female‚ and is impact is also changed with time and individual’s attitude. This essay discusses the factors by focusing on the general impact and trend. State • Working time regulations • Maternity leave/paternity leave • Parental leave • Regulations concerning part-time employment Among the
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Bank’s duty of confidentiality is an implied term of contract between customers and their banks and building societies that these firms will keep their customers’ information confidential. This confidentiality is not just confined to account transactions – it extends to all the information that the bank has about the customer. But from time to time‚ banks end up releasing information that they should have kept secret about their customers to a third party which sometimes ends up in major consequences
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’Duty of Care’ As the owner of my own nursery i have a ’duty of care’ to my employees‚ children and visitors. The legal definition of ’duty of care’ is; ’a requirement that a person acts reasonably towards others and the public with reasonable watchfulness‚ attention‚ caution and prudence to avoid acts or omissions that could expose people‚ for whom there is responsibility‚ to a reasonably foreseeable risk to injury’. (http://www.psctas.org.au/pdf/doc.pdf) If a member of staff did not meet this
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Visitor | Express: An express visitor will have permission by the owner or occupier e.g. School children are express visitors as they have permission to stay In the school as a visitor. | Implied: An implied visitor is visitor who do not have permission but is still aloud to enter the premises‚ e.g. a postman‚ a postman does not need to ask for permission before they can enter the premises. | OLA 1957 – ‘An occupier of premises owes a common law of duty of care to all his visitors’. The Law
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I’ll be presenting the case: L Shaddock & Associates case v Parramatta City Council. First‚ I’ll provide a brief summary of situation that resulted in the court case‚ followed by the case itself‚ which brings up issues of duty of care and negligent mis-statement‚ and concluding with the judgement that was passed. The CASE: Shaddock proposed to purchase a property for the purpose of redevelopment. A telephone inquiry made by Mr Carroll‚ Shaddock’s solicitor‚ as to whether there was any local road
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