Negligence

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    relating to the application of the doctrine of res ipsa loquitur in general, are well settled and applied consistently. The maxim Res Ipsa Loquitor, allows the claimant to succeed in action for negligence even when there is no evidence as to what caused the accident and whether it was attributable to negligence on the part of the defendant. It shifts the onus of burden to the defendant. In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the burden of proof…

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    Aldi Store Issue- Is the negligence of Aldi store cause of injury to Tamara. Rules-the rule in accordance to the facts is:- Negligence-it is called a situation i which an individual owes another individual a duty of care,it is a deficiency or a failure to do a thing which a reasonable person would or would not, do and which leads to a harm or an injury to another person in a result. In South Australia the civil liability Act 1936 (SA) is used to find out the negligence of a person and the…

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    Personal Injury Cases

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    follow either the contributory negligence or the comparative negligence rules. Comparative negligence In a personal injury case, the comparative negligence is the factual defense of your case. Your lawyer will try his/her best to see that your percentage of fault is at its minimum. Once the percentage of fault is decided, the court will decide the percentage of compensation you may have to pay. Contributory negligence In any personal injury case, the contributory negligence can cripple a case.…

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    Prowfit Case Study Essay

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    was an experienced member. Bronwynn suffered back injury due to faulty equipment, which then made Bronwynn to decide that she will resume her studies in the next year after her recovery. Bronwynn may want to sue the gym in breach of condition of negligence and breach of contract, which she may potentially have a contract of Sale of Goods 1979 . Under the Employees Liability Act 1969 , if the equipment is defective due to the fault of a third party, such as the manufacturer, the employer may be…

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    shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to prove all 3 elements in order to shift the blame to the defendant. First, the defendant must prove that the event would not normally have occurred in the absence of negligence. Second, the…

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    law. Explain to Jennifer what torts may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation of the steps which must be proved in any negligence action. 1. Jennifer works from her office which she rents in an office building. Last week her assistant, who was extremely valuable to her, was hired away by a competitor. She hired a temporary…

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    Tort Case Study

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    contract” (Lee Reed, 2013, p.289). It is a law that focuses more on civil cases than it does criminal, but at times cases can be both. The law of tort has three categories, intentional, negligence, and strict. In the case of Alice versus University Heights Pizza and employee Donald, the case is considered a negligence tort, based on the incident of Donald causing injury to the health of Alice, with the company vehicle, due to driving recklessly. University Height’s pizza has argued that they are…

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    Joan's Prima Facie Case

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    Joan’s Theory Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan. Issue: Did Dr. Witt treat Joan with a professional standard of care? Rule: “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009). Analysis: In order to establish a prima facie case against Dr. Witt, Joan will need…

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    asbestos is still remained and do not fully remove. Remedies and Conclusion: As the negligent of G Shepherd & Co, it make the misstatement of the contract of sale which mislead David and couples to sign and purchase the property. As David’s negligence in misappropriate arranging the assessor, Basil which lead Roland and Belle finally believe and accept the contract. Because G Shepherd & Co and David satisfy all of the criteria of being sued as…

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    judiciary to articulate a general test the establishment of a duty of care concepts of foreseeability and neighbourhood as mentioned by Lord Aitken in Donaghue and Stevenson. The basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity between the parties and finally it must be fair just and reasonable to apply such a duty before discussing the particulars of the…

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