Duty to retreat

QUESTION 1 (4 marks) Briefly identify and explain the main communication weakness, in the way that defence counsel has sought to test the credibility of the evidence given by this witness, about how the accused reacted to the behaviour of the complainant. The main communication weakness in segment one is gratuitous concurrence. The first contribution leading to gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a…

loss to her vase? Law:- Three essential elements that a plaintiff should prove to be a liability claim for negligence. In order to prove negligence responsibilities that the applicant must demonstrate, (1) The Duty of care has to…

negligence. In order to prove negligence, Woody must show duty, a breach of duty, causation, a proximate cause of harm, and actual harm. We would prove Vicaria had a duty of reasonable care to Woody and Smiley because of the special relationship between a pilot and a passenger. Vicaria’s agreement to fly Woody and Smiley proves the existence of a special relationship needed to establish a duty of reasonable care. We would establish a breach of duty by proving Vicaria had done something a…

basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. A professional is deemed to be an expert in that field at least; a patient getting treated under any doctor surely expects to get healed and at least expects the doctor to be careful while performing his duties. Medical negligence has caused many deaths as well as adverse results to the patient’s health. This article…

In law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. Negligence may provide the basis for a lawsuit when there is a legal duty, as the duty of a physician or nurse to provide reasonable care to patients and when the negligence results in damage to the patient. The failure to observe, for the protection of another person, the degree of care and vigilance that the circumstances…

AISHA’S PHYSICAL INJURY The paradigm case in which a duty is held to arise involves a positive negligent act causing physical injury to person or property. The law often does not find a duty in the case of omissions. However, a special duty arises where occupiers of the land fail, warn or ameliorate risks to those on their land. REASONABLE FORESEEABILITY: To determine if a duty of care arises, it must have been reasonably foreseeable that if the occupier didn’t take steps to ameliorate the…

the basis for the vast majority of personal injury lawsuits. Most defenses in negligence claims hinge on elements of the claim itself. As such, the defense may show one of the following: • You did not owe duty of care. •…

Topic - Evaluation of Emotional Distress in Tort Case: Legal Framework The two parties seen in tort cases are the plaintiff and the defendant (Fotte & Lareau, 2013). The plaintiff is the person who has filed an alleged tort whereas the defendant is the person who has caused harm to the plaintiff (Fotte & Lareau, 2013). In civil lawsuits there are three types of relief they are monetary compensation, specific performance, and an injunction (Fotte & Lareau, 2013). An injunction refers to…

provide counseling for different medical issues, and so much more. With nurses being involved in so many aspects of patient care nurses can be held liable for patient injuries if they were caused by the failure of performance from the nurses’ daily duties. According to Black’s Law Dictionary, nursing malpractice negligence means, “The doing…

activities. The law designs a series of directors’ duties to make sure the directors manage the company responsibly basic on interests of the company. However, whether those duties are effective in legal practice is a debate. In my opinion, the duty to act with reasonable care and diligence and the duty to prevent insolvent trading have not helped to prevent companies going into insolvency. The reasons are outline below. Explanation Directors have duties to ensure best interests of the company…