Duty to retreat

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…

principle agent relationship (employer / employee) is directly derivative from the common law master and servant relationship. The “Master and servant” relationship provide legally standing for determining liability. In the scripture it is the servant's duty to do his work in a faithful manner, however under the laws of agency the principals is liable for authorized acts or unauthorized acts of agents. However the principal can still look to find relief under Tort Liability. The agent is…

• Why do you think a society would address liability for civil wrongs separately from criminal wrongs? First, it is very necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing…

Australia’s aging population amplifies the fact that protective legislation for the elderly must be introduced. Question 7: Refer to both the Consent to Medical Treatment and Palliative Care Act 1995 (SA) and the AHPRA Code of Conduct to explain why medical practitioners and others are obliged to explain to patients/clients the consequences of proposed treatments. Medical practitioners and other health care professionals are obligated to explain to patients/clients the consequences of…

that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle. Thirdly, Rebecca should have suffered harm due to the duty of care infringed by Michelle. These three aspects of the tort of negligence along with the relevant defence that may be available to Michelle briefly discussed below. Duty of Care ?Neighbor test? is the most common test arranged to ascertain whether in a given scenario, there was a duty of care or not.…

reconstruction of their properties. All three defendants can be held liable under the tort of negligence. To prove negligence the four requirements of duty of care, standard of care, damages to the plaintiff, and the causation of damage need to be present. In the situation with SaskEnergy, the tort of negligence applies because they owed the plaintiffs a duty of care. SaskEnergy owed them this because due to the gas line having extremely flammable gas it was reasonably foreseeable that if…

Issue 1: Duty of Care The first issue involved in Michelle and Rebecca case is, did Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation…

Scotland by an action brought in the Court of Session and finally heard in the House of Lords (‘UKHL’), was the landmark case in separating the law of tort from the law of contract. It was also instrumental in developing the doctrine of negligence and duty of care and helped to further establish the neighbour principal in English law. This paper sets out: (a) the material facts of the Donoghue case; (b) the legal issues involved; (c) the decision of the court; (d) the main differences in…

someone to be found negligent the defendant must have owed the claimant a duty of care, failed to perform their duties and failed to fulfil their responsibilities, and damages must be incurred from this breach. Donoghue and Stevenson established the first duty of care by setting up the neighbour principle, the neighbour principle highlights that anyone who is solely affected by your omissions or acts is owed a doc (Duty of Care) by you. In this case Mrs Donoghue drank part of a ginger beer…

the defendant must owe a duty to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury. Duty Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances. Drivers are required to act with reasonable care when encountering other vehicles and pedestrians. Tommy was the driver of the vehicle and Susie was a pedestrian. Therefore, Tommy owed a duty of care to Susie.…