Duty of care

sue. Comparative negligence is compared contribution to the crime. Intentional torts are when an individual purposely commits a wrong act. Negligence is the failure to exercise reasonable care, resulting in harm done to an individual. There are four attributes to negligence which would be duty owed, breach of duty, proximate cause and harm done to an individual. Foreseeability plays an important factor in an individual being prosecuted for negligence because that’s ones’ judgment of what is…

looking at the educator’s legal duty. The educator has a legal duty to ensure the wellbeing of learners (Oosthuizen et al 2016:123). The educators conduct becomes wrong when she/he infringes on the learners subjective rights of the learner. Now looking at the educators legal duties they include: The in loco parantis position. This is a common law that is about the fact that when a learner is at school, the educator stand in as a parent in terms of the authority and the duties (Oosthuizen et al…

In this situation the directors are the people who breached their duty of care as they should have known that, firstly they should not have used these carcinogenic chemicals for their production, as they should know that using such thinks would destroy their good will and would destroy their company. Then secondly when they thought of a strategic plan, they should have thought of the both positive and negative sides of the plan, that if this is not going to work out then what would be the…

3. A precedent is an interpretation made by a judge from an earlier case that is often referred to for a future case with a similar issue. This relates to stare decisis in that the precedent has a high effect on future cases and the judge will likely make the same decision unless the court finds a good reason to change it. An example of this is the Plessy V. Ferguson case. In this case, the judge decided that segregation was okay as long as the blacks and whites receive equal opportunities.…

crisis is financial, emotional, or physical, people can empathize with pain when they have gone through hurt themselves. For this reason, charities that benefit from people who want to offer their services should be mission driven, understand the duty of care, and create an atmosphere that promote volunteerism. Because the creators have life experiences, the charity referenced in the discussion post, understands the needs of the organization. For example, being mission driven means that the…

Texas Customer vs. California based Widget Co. Widget Corporation, based in California, and the company President are being sued for damages caused by the installation of their product in Texas by a local handyman hired by Widget Co. Even though the Widget was incorporated in Delaware, California is considered the headquarters because business is conducted from that location. Civil law can generally be divided into two categories: substantive and procedural. Substantive law can be…

Lord Dyson quotation is taken from the case of AM Mohamud v WM Morison Supermarkets and the issue is that of the validity of ‘close connection test’ in vicarious liability. The test for holding an employer vicariously liable for the unlawful acts of an employee has been irreconcilable. The following essay will critically analyse whether AM Mohamud v WM Morrison Supermarkets plc has resolved the difficulties. The essay begins by analysing the doctrine of vicarious liability. Then, will move on…

If you are involved in an automobile injury and the other party has filed for damages against you, then you are bound to defend yourself. For this you will have to hire a Personal Injury Lawyer Lindsay who has expertise in defending the defendants in personal injury cases. The plaintiff will always for damages to recoup his/her economic loss incurred due to costly medical treatment and loss of work. He/she will also seek compensation for his/her pains and sufferings. If you find yourself having…

The last related case is Riley v. National Federation of the Blind which involves the North Carolina Charitable Solicitation Act. The North Carolina Charitable Solicitation Act determined what professional fundraiser may charge according to a three-tiered schedule. “A fee up to 20% of receipts collected is deemed reasonable. A fee of 20% and 35% is deemed unreasonable upon a showing that the solicitation at issue did not involve the "dissemination of information, discussion, or advocacy relating…

compensation for your injuries. You Must Prove Negligence The only way a cruise ship can be responsible for your injuries is if they were negligent in some way. This means that they acted without care regarding the safety of the passengers on the boat. An accident doesn’t always mean the cruise ship acted without care though, because negligence is only possible if the staff had an opportunity to prevent the injury from happening and decided not to. Common Cruise Ship Injuries The following are…