Negligence: The duty of care Introduction The tort of negligence has a role in providing compensation for those who have suffered through the actions of another. A negligent act can be summarised as failing to do something that should be done or doing something that should be carried out in another manner or not at all. When determining if an act is negligent‚ a number of basic principles are called upon in order to establish whether a duty of care is owed and if so‚ by whom. Reasonable Man In
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3.24 Negligence‚ liability to third parties theory: negligence- any conduct that is careless or unintentional in nature and entails a breach of any contractual duty or duty of care in tort (that is ‚ those who the auditor could reasonable foresee would rely on the auditor’s report)‚ owed to another person or persons. (a) What are the liabilities‚ if any‚ of the auditor? To whom is the auditor liable? The liabilities are that the auditor had failed to detect a significant embezzlement by a
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Bibliography: Carney‚ D. D. (2006). Introduction to English Law. Pearson Education. Cooke‚ J. (1999). Law of Tort. London: Pitman Publishing. McBride‚ N. J.‚ & Bagshaw‚ R. (2005). Tort Law. Longman. Quinn‚ E. &. (1996). Tort Law. London: Pearson. Slapper‚ G.‚ & Kelly‚ D. (2000). English Law. Cavendish Publishing Limited. Smith‚ K.‚ & Keenan‚ D. (2001). English Law. Longman.
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Historical Background of Law of Tort: The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing
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Negligence kills Carelessness is the main reason for any accident. If a person drives rashly on road one or two may get injured or killed. When a building is constructed with out following any norms it would result in the death of few people. Where as if an event is organized lack of precautionary measures that may lead to the loss of many lives. Even after witnessing number of fire accidents in the city the concerned authorities fail to implement the existing policies for safety of the public
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Intentional Torts A. A person acts with intent to produce a consequence if: 1. the person has the purpose of producing that consequence; OR 2. the person knows to a substantial certainty that the consequence will ensue from the person s conduct B. Battery 1. An actor commits battery if he acts intending: a. to cause a harmful or offensive contact to person of other or a third person OR b. to cause imminent apprehension of such contact AND c
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Assignments PLG-101-1401: Torts & Personal Injury Assignment 1 (based on class 1): View submitted answer Please find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: ) 1) What were the essential facts of that case? Watson and Dixon were both employed with Duke in the Sterile Processing Department of the Medical Center‚ when Watson began to experience
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side‚ hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants? ------------------------------------------------- The Tort Claim the neighbor has is negligence and product liability. The possible defendants are Mary‚ the manufacturer‚ the distributer‚ the wholesaler‚ and the retailer. The neighbor would sue Mary for negligence because Mary should have never taken off the guard. And the neighbor would sue the
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Tort Scenario Paper Crystal Cunningham‚ Robert Harrison‚ Billie Miller‚ Tyler Pierce‚ and Jennifer Sorensen University of Phoenix Business Law BUS415 Page Beetem May 30‚ 2011 Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff‚ Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff‚ Malik
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To: Judge Wannabe From: Suzi Homemaker Re: Jim Peters Negligence Lawsuit Date: September 22‚ 2014 SUMMARY OF FACTS Melissa Gilbert of Gravel is Us of Cleveland Ohio‚ has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered
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