Duty to warn

element of negligence include: duty of care, breach of duty, causation, and damages (Pozar, 2016; Rudolph, 2010). A duty of care begins with an established relationship between the defendant to the plaintiff for which the defendant is bound to the plaintiff in adhering to an accepted standard of care (Pozar, 2016; Rudolph, 2010). As a result, the failure to act in accordance within the duty and to adhere to a standard of care is considered a breach of that duty (Pozar, 2016; Rudolph, 2010).…

this piece, the laws, principles and guidelines put in place by the Australian courts will be explored regarding negligence in health practice, including those that are aimed to support the rights of patients. Key terms and phrases such as negligence, duty of care and what constitutes appropriate healthcare practice will be explored throughout. Elements of how each principle acts as a protection for health care practitioners within legal cases pertaining to medical negligence will be explored.…

M1- The law of negligence and rules on damages in given situations. There are many examples in the media of negligence which were successful or unsuccessful in recovering damages. There was an article of a mother who had a botched delivery which left her child needing life long care. Suzanne Adams was in labour with her son James, the midwife either ignored or could not interpret the CTG trace on the heart monitor. The monitor showed that the heart rate of James was abnormal as he was in…

The term Duty of Care is a legal term from tort law where a person is under obligation to act towards others with proper caution to prevent injury or harm. Where a reasonable standard of care was not followed and injury or harm resulted the person is considered to have been negligent and a lawsuit against them can be filed with a claim for any losses or damages that were incurred. This is an important aspect of being a teacher, and the professional responsibility that goes with it. What this…

In one particular case, State v. Henderson (2011), James Womble witnessed the shooting of Rodney Harper. On January 1st, 2003, Harper and Womble were together at a friend’s apartment. Two men forcefully entered, one of which was George Clark, whom Womble knew. Clark and Harper stepped into another room while the other man held a gun to Womble, making sure he did not follow them. The ensuing argument in the other room resulted in Harper being shot by Clark, who then threatened Womble. The…

Question 1 The article illustrates how the High Court handled James Hardie’s case, focusing on the legal issues of misleading statement, director’s duties as well as issues regarding continuous disclosure. These issues will be explained with supporting case examples and relevant legal principles. Misleading or deceptive statements “… James Hardie non-executive directors breached Corporate Law by making a misleading statement…” A misleading or deceptive statement can be described as…

was an existing shareholder in the company. Lastly, the courts must see if it is just and reasonable to establish a duty of care. In this case, we can argue that it is indeed just and reasonable as a special relationship does exist and if the statements were not negligently prepared, damages could be avoided. Therefore, in conclusion of the three-stage test it can establish that a duty is…

law and the NRA’s License to Kill law Davis was charged with assault and then soon after the charges were dropped. The charges were dropped because based on the Stand Your Ground law if a person is to trespass onto your property you no longer have a duty to retreat. Also, through the License to Kill law, if there is a perceived threat you are then able to shoot your fire arm in a means of self-defense. The girls were no longer on…

This paper gives a short introduction of tort law and mainly focus on the standard of care, how the courts determining what is the ‘reasonable person’ and whether there are some exceptions to the courts. The law of tort is the law of civil liability for wrongfully injury which provides remedies to individuals harmed by the wrongful conduct of others in order to protect an individual’s private rights. There are two major categories of torts: intentional tort and negligent tort. The general…

to get the car into a garage before. The brake failure is what caused the car to mount the pavement and therefore leading to the death of Karen. In this case when we ask the same questions as above we find that Lynette did breach her duty of care to Karen by knowingly driving a car with faulty brakes on a public highway. When we apply an objective test “the reasonable man standard” to this case, it could be said that the reasonable man would not have driven the car until it was…