Duty to warn

For laws pertaining to legal requirements at the scene of an emergency, one should be familiar with a state’s Good Samaritan statutes. In the state of Nebraska, “No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for medical treatment or care for the injured…

THE FUTURE OF PSYCHIATRILC INJURY CLAIMS- A DEVELOPING AREA OF LAW: The case of W v Essex CC and another2000WLR gives an indication that the house of lords is now prepared to contemplate extending the scope of duty of care in special circumstances and that law in this area is still developing. It is useful to consider this case in detail. The claimants ere appointed specialist adolescent frostier carers by the defendant council and they had explained, when they were approved by the council that…

and that it was due to the fault of someone else instead of believing it to be accidental. Negligence is a part of tort law, which consists of three essentials that need to be proven by the plaintiff in order to be successful in a negligence case. Duty of care, standard of care and sufficient connection in law are the three essentials that are needed in a negligence action case, which the concept was described by Lord Wright in Lochgelly Iron and Coal Co Ltd…

should take the plaintiff ‘as s/he finds him’. Thin Skull Rule gives the guild on how to measure damages, after the liability was established. However, an important condition under the rule is that the defendant is not legally required to show a higher duty of care to the plaintiff. He or she only ought to exercises the same level of care to the ‘thin skull’ as to all other normal people. In fact, Culligan had no actual acknowledge of Mr. M’s sensibilities prior providing him water. It follows…

Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements:…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

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…

For example, when a jug of milk spilled on the floor of a supermarket and the supermarket manager did not warn customers to prevent them from stepping on it and get slipped, what justification or excuse will he give to avoid liability? Although tort law is not a result of legislation, the societies we live hold and respect its application because it’s a make-up…

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…