Business Law Unit 2: Negligence and Duty of Care Kaplan University 7/13/13 Negligence and Duty of Care Gloria Rodriguez Business Law August 12‚ 2013 Negligence and Duty of Care Scenario: As pedestrians exited at the close of an arts and crafts show‚ Jason Davis‚ an employee of the show’s producer‚ stood near the exit. Suddenly and without warning‚ Davis turned around and collided with Yvonne Esposito‚ an 80-year-old woman. Esposito
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Strict Liability for Defective Products - Part X of the CPA 1999 Section 68(1) provides that where any damage is caused wholly or partly by a defect product‚ the following persons shall be liable for the damage. The plaintiff only has to prove damage or defect in the product. Part X of CPA does not cover every product. Section 66 provides types of product such as goods and component parts and raw materials. Section 3 provides definition of goods. Only the goods which are purchased for private and
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Civil Liability and Private Police Civil Liability and Private Police The police forces’ assignment - to preserve order and peace - is an unsubstantiated one convoluted by innumerable factors that appear exceptional to all situations officers have to manage‚ whether controlling a commotion or arresting suspects. In this case‚ the officers every so often are obliged to make use of force throughout their responsibilities‚ whether throughout an arrest or protecting the public‚ themselves
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fines to losing their license due to malpractice or medical negligence. A tort law as defined in medicaldictionary.com is an act deemed unlawful and capable of triggering a civil action. In my opinion‚ there will always be accidents because no one is perfect‚ but these should be minimal. In having a tort law in place‚ there is a higher recognition of the liabilities a provider can face if found guilty of malpractice or medical negligence which makes providers more aware of their responsibilities
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The alternative liability theory is most often used when two or more tortfeasors simultaneously commit independent acts of negligence‚ but only one act causes the injury‚ the plaintiff is then relieved from the burden of proof with respect to causation‚ and may sue both tortfeasors without direct proof of causation. However‚ the burden thus shifts to the defendant to exculpate them. Otherwise‚ defendants will be held joint and severally liable. In addition‚ the alternative liability theory has a
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Professional Regulation and Criminal Liability of Nurses Christopher Ponciano September 27‚ 2010 Legal Issues in Health Care: Regulation and Compliance (HCS/430) University of Phoenix Professional Regulation and Criminal Liability of Nurses The health care field is a very complex workplace environment and the terminology like malpractice encompasses the negligence of health care professionals. In the past‚ there is a division that existed between physicians and nurses. Additionally
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Negligence‚ duty and Breach of Duty. To constitute a legal action against some one’s negligence‚ several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value.
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does the law justify imposing strict liability for some criminal offences? ‘actus non facit nise men sit rea’ means an act alone cannot constitute guilt without the proof of a guilty mind‚ for most criminal cases. Strict Liability is the legal responsibility for injury or damages even if the person was not at fault or negligent; this contradicts the above Latin maxim as it places sole responsibility upon a defendant without the proof of ‘mens rea.’ Strict liability is a topic that has both its pros
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Professional Regulation and Criminal Liability July 16‚ 2015 HCS/430 Professional Regulation and Criminal Liability: Pharmacists A profession is “an occupation based on the mastery of a complex body of knowledge and skills. It is a vocation in which the practice of an art is used in the services of others” (Schmitz & Martin‚ 2008‚ p. 1). Belonging to a certain profession requires one to agree to demonstrate integrity‚ selflessness‚ competency as well as morality. This becomes the
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resistance to any deliberate tort. In Australia‚ contributory carelessness is accessible when the offended party’s own particular carelessness added to its own injuries.[6] Also allude to Pennington v Norris for second test.[7] Culture "Contributory Negligence"[8] was the title of an around 1982 sonnet by Attila the Stockbroker‚ an execution writer in the UK. The lyric scrutinized a court choice where an attacker got away overwhelming discipline and was requested to pay just a fine on the ground that
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