This paper contains an observation from a competition that was held by Liberty University. In the courtroom Observation four law students argue the case of White vs. O’Malley’s Tavern. The original case (case number 82A04-8876-CB285) has gone before the United States District Court in Northern Indiana. In the case Mrs. White is asking that O’Malley’s Tavern be held liable for her husband’s death‚ while O’Malley’s Tavern is stating that they should not be held liable for the incident. This paper
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Ind. Code. Ann. § 34-51-2-5 (West 1998). CONFIDENTIAL F: Ms. Smith slipped on a clear shampoo at 1:30pm.The last inspection was done at 12:45pm leaving 45 minutes since the last inspection. The employee is an older man with glasses. Ms. Smith had her 2 year old son with her at the time and he was allegedly misbehaving. I: Will Ms. Smith be able to recover for her losses from the slip and fall? R: Ind. Code. Ann. § 34-51-2-5 (West 1998). States that In an action based on fault‚ any contributory
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Ms. Ima Smart Smart & Lee PPC 1212 Third Ave‚ Suite 300 Bellevue‚ Florida 25515 June 17‚ 2014 VIA CERTIFIED MAIL: Jim Knott Easy Construction 305 Hanford Ave Richland‚ Florida 25518 Dear Mr. Knott: I am writing this letter to assist you in the understanding of an initial process of your lawsuit up to the filing of a complaint with the courts. Your lawsuit will be governed
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1.1 Explain what it means to have a Duty of care in your own work role. Duty of Care includes the concepts: • to keep individuals safe • to keep individuals free from harm • to give choice Duty of care is a key concept in working with children and young people. It is a legal term for safeguarding self and others. Children and young people are often vulnerable as they are yet to develop the physical and cognitive capacity to fully care for themselves; they need care and protection
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Rules of consideration 1. Consideration must not be past: Re McArdle (1951) Ch 669 Court of Appeal Majorie McArdle carried out certain improvements and repairs on a bungalow. The bungalow formed part of the estate of her husband’s father who had died leaving the property to his wife for life and then on trust for Majorie’s husband and his four siblings. After the work had been carried out the brothers and sisters signed a document stating in consideration of you carrying out the repairs we agree
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1‚ What duty of care means in children’s and young people’s settings. Duty of care in children’s and young peoples setting means the adults providing care have to ensure the child is kept safe from any form of harm or abuse. This can include giving full attention‚ watching for hazards‚ accidents and mistakes and following correct procedures. Also ensuring the child is the most important part of your day. 2‚ How the duty of care contributes to the safeguarding or protection of individuals
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SCH 24 1. Define the term Duty of Care Health and social care organisations have what is called a duty of care towards the people they look after. That means that they must do everything they can to keep the people in their care safe from harm. It is not only the care establishment that needs to prioritise the safety‚ welfare and interests of the people using its services‚ but also the care workers of the establishment. My employer also has a duty of care for staff members‚ to ensure that
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Diane Espinosa Assg5 1) Memorandum To: Attorney From: Diane Espinosa Re: Could a complaint be dismissed due to failure to state claim upon relief in the state of North Carolina The issue that is presented is can Brad dismiss a claim because of failure to state claim upon relief. North Carolina state defendant motion was to dismiss the plantiff’s amended complaint in the case of Dawson v. Allstate Ins. Co.‚ 106 N.C. App. 691
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1.1 Explain what is meant to have a duty of care in own work role Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead to harm to others. Staff to be vigilance and attention keeps individuals safe as they develop: A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard and reasonable care while performing any acts that could foreseeable harm others. By including‚ daily cleaning
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Kaplan University PA201 – Unit 4 Assignment December 8‚ 2014 Part I: Statute: Ind. Code Ann. § 34-51-2-7 (West 2013). According to the statute (In.gov)‚ A defendant or defendants may be treated as a single party for actions based on fault against the defendant. The court shall instruct the jury to determine the percentage of fault the claimant‚ of the defendant of any non-party. A verdict shall be returned for the defendant is the percentage of fault to the claimant is greater than fifty percent
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