IRAC Example 2: Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators‚ Elwyn and Osman‚ who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May‚ Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the
Premium Tort Tort law Duty of care
Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
Premium Tort Tort law Duty of care
been practiced incorrectly and medical malpractice can be linked to all areas of patient care. Related Words | medical misconduct | medical carelessness | dereliction of duty | medical malefaction | Medical mismanagement | Medical negligence | Medical violation | Abuse of patient | In discussion of medical malpractice with colleagues‚ X. Xin‚ LPN‚ states that medical malpractice is the inadequate care of a patient resulting in damage to the patient (personal communication‚ February 5‚ 2012)
Premium Medical malpractice Tort law Obstetrics
is an appeal brought by Miss Sandra Johnson and others (original claimants) against the decision of the Court of Appeal. The action under review is whether the two Respondents‚ Express Bus Company (EBC) Ltd and Blasts Ltd‚ were in breach of duty of care to the deceased and injured children. 2. It is worth explaining at the outset of this judgment about the definition of negligence. Negligence is the omission to do something which a reasonable man‚ guided upon those considerations which ordinarily
Premium Reasonable person Reasonable person Res ipsa loquitur
from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). There are four fundamental elements to a negligence claim and the rules in a tort law require each element be demonstrated for a claim to be honored in court. They are 1) legal duty to the patient‚ 2) breach of legal duty to the patient‚ 3) injury caused by the breach‚ and 4) damages. Every staff member involved in this case had a legal duty to the patient to provide safe and quality care‚ to include
Premium Nursing Standard of care Duty of care
By Jess Dorrell Task A Letter Care Learning Centre Head Office Suite 8 The Courtyard Monks Brook At Cross Business Park Newport Isle of Wight PO305BF 23RD July 2008 Bubbles West Street Newport Isle of Wight PO305BF Dear Jo Blogs RE: Thinking of working in Care Profession It’s nice that you are thinking of joining the Care Profession‚ you must understand that as a Health Care Assistant you have a duty of care‚ this comes with roles and responsibilities
Premium Standard of care Medical malpractice Reasonable person
implementing duty of care in health‚ social care or children’s and young people settings. 1.1 A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It’s a requirement to exercise a reasonable degree of attention and caution to avoid negligence which could lead to harm to others. For me as a support worker it basically means I have a duty of care to protect any service
Premium Negligence Risk Risk assessment
person standard‚ a person may be charged with negligence if someone is injured because of failure to perform an act that a reasonable person in similar circumstances would perform‚ or if an act is committed that: a reasonable person would not commit. 3. To whom is duty of care owed? Nonpatients (pg.94) 4. If a custodian sues an employing physician for ordering her to lift a heavy bookcase that injures her back‚ is the issue of liability standard of care or duty of care? Duty of Care 5
Premium Medical malpractice Duty of care Tort law
THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
Premium Duty of care Tort Reasonable person
Legal studies Introduction Negligence is a failure to take reasonable care to avoid causing injury or loss to another person (Law Hand Book‚ 2013). Negligence can be used when a party has experienced loss or damage from the wrongful actions or omission to act of another individual. This principal can be found in The Civil Liability Act 2003(Qld). The following report will examine the tort of negligence While analyzing the case study of Mr. Jones vs Blue Board Production and will provide an evaluation
Premium Law Negligence Tort law