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5 Cards in this Set
- Front
- Back
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Civil Evidence Act 1968 s11...
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A defendant who has been convicted of a criminal offence is presumed to have committed that offence in any subsequent civil proceedings
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Established duty situations...
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Established duty situations
- One road user to another - Doctor to patient - Employer to employee - Manufacturer to consumer - Tutor to tutee, teacher to pupil |
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Liability for ommissions to act...
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General rule is that there is no liability. There may be an exception if you have a special relationship (like instructor).
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Possible policy considerations...
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Policy considerations
- Floodgate argument - Deterrence of certain kinds of behaviour - Resources - Public benefit - Upholding the law |
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Typical situations involving special standards...
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Other standards may apply if one
- holds themselves out as skilled in some way, or - defendant is a child - defendant has a disability |
