cannot recover damages if he suffers harm * To prove‚ must have: * Full knowledge of the risk * Section 5F & 5G * * an unpressured decision to run the risk in question (voluntariness) * Common law * A person who was constrained by the circumstances and was constrained from making a free choice will not be regarded as acting voluntarily * This is not met if: * P has a brief interval to make their decision
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* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
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Social care is conveyed by a wide range of associations and experts‚ and inside families and societies. Those that provide social care are the ones that work in the health and social care sector such as social workers‚ nurses‚ registered managers‚ supervisors and occupational therapist. Many people who provide social care aren’t paid. “Carers provide all sorts of practical support: help cooking meals‚ help with the washing‚ just keeping someone company; they also help with benefits and other financial
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their decision unanimous? 5. Ratio/Principles Applied = what principles of law did the court lay down as the basis for deciding the case? Were there any qualifications or restrictions or dissensions to the principles stated by the court? 6. Reasoning = what was the underlying rationale given by the court for adopting the principle or principles which it applied? 7. Critique of the Case = Is the case still good law? To what extent has it been interpreted/applied in subsequent cases? Has it
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PA205: Introduction to Legal Analysis and Writing Prof: Wendi Cline Kaplan University January 17‚ 2015 By‚ Heather Leigh Bradley Natalie Attired Case Memorandum: To: Senior Partner From: Heather Bradley Re: Attired v. New Mexico Department Labor Employment Security Department‚ Board of Review Date: 01/17/2015 Statement of Facts: Natalie Attired was employed at Biddy’s as a waitress. Biddy’s evaluates waitress’ performance every three months. Natalie received
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Blake v. Barnard 1840 A man put his gun at the head of another and said‚ ’Be quiet or I blow your brain out’. No assault. If the person did what he is told nothing would happen. Contrast: READ v. CROKER (1853). Byrne (Canada) 1968 Canada Supreme Court A man went into a bank. Having a jacket over his hand‚ he said: I have a gun‚ give me the money or I shoot. No assault. He did not show the gun. Persuasive precedent. Janvier v. Sweeny 1919 Court of Appeal Private detectives tried
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MANDATES Piec vs. Caisse d’economie polonaise (p. 59) (MIDTERM 2) Grandma = Stephania Wojcicka Bad Boy = nephew Tadeusz Wojcicki Niece (Margaret Wojcicka) is executor of will |Facts |Three mandates: | | |Gma goes on extended trip‚ gives power of attorney for banking matters to Bad Boy | | |Niece has
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References: Heubeck‚ Elizabeth. (2007). Teen Peer Pressure: Raising a peer pressure-proof child. Retrieved May 1‚ 2009 from http://www.webmd.com/parenting/features/teen-peer-pressure-raising-peer-pressure-proof-child Kaplan‚ Leslie. (1997). Coping with Peer Pressure. New York: Hazelden/Rosen. Kreske‚ Damian. (2008). How to Say No to Drugs. New York Facts on File‚ Inc. Nemours Center/ Foundation’s Kids Health. (1995-2009). Smoking. Retrieved May 1‚ 2009 from http://kidshealth
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Introduction Kaplan and Mikes use the Deepwater Horizon oil rig explosion as a prime example of the shortcomings of traditional risk management. An over-reliance on rules based risk management can lead to a culture of comfort and over-confidence when it comes to risk. This rules based approach is also just not sufficient or appropriate for measuring and preparing for all types of risk. A different approach‚ encouraging debate and challenge is required. Explain the risk management framework outlined
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P1. All health and social care sectors have to follow principles and values‚ principles explain to people what the right way to behave is‚ whereas values are based on what beliefs are important to the person and what they believe to be right and wrong for themselves as an individual. There are many principles and values such as empowerment‚ choice‚ rights‚ respect and confidentiality. Empowerment of individuals is important when planning care as this is the way in which a health or social care
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