Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’ are deliberately
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Negligence: According to Commercial Escrow Company v. Rockport Rebel‚ negligence is a “conduct‚ which falls below the standard established by law for the protection of others”. And in this case‚ Mechanics National Bank failed to remove the lien on Ms. Warren’s Lagoon Beach property‚ which means it‚ fell beneath the standard for civic protection recognized by law. “Every one is responsible‚ not only for the result of his willful acts‚ but also for an injury occasioned to another by his want of
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For centuries‚ psychiatric hospitals have been used in America as an approach to control the mentally ill. As a matter of fact‚ “psychiatric hospitals‚ also known as mental hospitals and mental asylums‚ are hospital or wards specializing in the treatment of serious psychiatric illnesses” (“Psychiatric Hospitals”). Although the very first psychiatric hospital in the world was opened in 705 AD by Muslims in Baghdad‚ the first in America was not established until the late 18th century. These hospitals
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Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance‚ negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially‚ disputes arising within the presidency towns of Calcutta‚ Madras and Bombay were subjected to common law rules.2 Later‚ Indian courts outside the presidency were required by Acts of the
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Aspects of contracts and negligence in business Task 1 and 2 Unit 5 Lecturer: Mrs. Eunice Wahito Done by: Kaunain Assaria Table of contents Validity of contacts………………………………………………………………………….3-4 Types of contacts………………………………………………………………………….....5-7 Elements of a contract……………………………………………………………………....7-10 Consideration……………………………………………………………………………….10-11 Warranties and conditions…………………………………………………………………12-14 Law of tort……………………………………………………………………………………..15 Fault principle………………………………………………………………………………16-17
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1. I believe there are 3 theories that relate to product liability in which Kolchek could sue to recover for Litishas’s injuries. They are; + Product liability based on misrepresentation because the misrepresentation is of a material fact‚ and the seller intended to induce the buyer’s reliance on the misrepresentation. +Product Liability based on negligence because there clearly a failure to exercise the degree of care that a reasonable‚ prudent person would have exercised under the circumstance
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research a concept pertaining to psychiatric nursing. As stated in my autobiography presented the first week in our class discussion board‚ I have a second love for psychiatric nursing. I have found‚ that while being a registered nurse‚ many nurses that have never worked in a psych unit‚ with their only experience in psych was in their clinical rotation while in undergraduate‚ is most times perceived as a negative and dangerous specialty of nursing . It’s true! psychiatric nursing is not for everyone
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Introduction It is widely accepted that clinical interviewing is the fundamental diagnostic tool in psychiatry. Indeed‚ Schreiber states that “the psychiatric interview is the essential vehicle for assessment of the psychiatric patient.” Unlike other areas of medicine‚ psychiatry lacks external validating criteria‚ such as lab tests or imaging‚ to help confirm or exclude diagnoses. With the clinician’s diagnosis and subsequent treatment plan being determined by the clinical data obtained from the
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……………………………………………………….….Page 3 2.Tort case …………………………………………………………………………..Page 4‚ 5 3. Contract Cases………………………………………………………………….Page 5‚ 6‚ 7 4. References…………………………………………………………………………Page 7 Introduction The area of law that is covers the majority of all civil laws. Essentially‚ every claim that arises in civil court with the exception of contractual disputes falls under tort law. The concept of tort law is to correct a wrong done to
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