Reasonable person

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  • Patients Informed Consent

    means that he/she understood everything and agrees with what is written on the form. For example, if the patient have an operation fails, that it not nothing to do with the sing consent because that person already give their permission to proceed. Proxy is the name used to describe a person representing another. When an individual’s ability are affected to the point of making decision for themselves and communicating in any way possible, another individual can be assigned to represent…

    Words: 997 - Pages: 4
  • The Doctrine Of Res Ipsa Loquitor

    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 rests on the person who affirms, not the one who denies), it furthers the principle of equity, which is a widely acknowledged aspect of the common law system. This maxim make a departure from the general rule, and shifts the burden of proof…

    Words: 1346 - Pages: 6
  • The Importance Of Negligence

    Introduction Negligence by definition can be described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight…

    Words: 1996 - Pages: 8
  • Negligent Tort Case Study

    The Case of Negligent Tort On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer…

    Words: 1339 - Pages: 6
  • Case Study Of Alee V. Bob's Negligence

    If she looked at the muffin before she bit into it, it’s reasonable to suggest that without squeezing or biting into the muffin, inspection alone would not detect anything out of the ordinary. Based on those facts, it does not suggest that Bob’s could have failed to live up to the standard owed. Therefore, Bob did…

    Words: 1456 - Pages: 6
  • Rottnest Island Authority Case Study

    there had not been any doubt the risk of injury to any person who would have dive from the ledge was foreseeable with reason. This decision was considered appropriate on the basis of the decision made in the previous case of Wyong Shire Council v Shirt (1980), according to which a risk may constitute a foreseeable risk even though it is unlikely to occur. Even in the circumstances, when it was not safe to dive in the water at the Basin, a person still might dive including the children and…

    Words: 1718 - Pages: 7
  • 5 Elements Of Negligence Tort

    Negligence tort occurs when one fails to demonstrate the kind of care a prudent and reasonable person would take under the identical circumstances and injury was birthed from the act or the absence of it. In order to justify that the defendant was negligent and therefore liable for one’s injuries, all 5 elements of tort ought to be satisfied. The 5 elements are: Duty, Breach of Duty, Cause in Fact, Proximate Cause and damages Jane v Luke Since Jane has suffered injuries, she in immediately…

    Words: 1959 - Pages: 8
  • Rockhead's Gym Case Study

    seems to be very reasonable. For the unconscious of plaintiff, it largely because of Jim was hitting the ground with his upper part of body. The upper part of body is very weak and easy to get injured, especially the back. The probability is pretty high when a human’s upper back heavily crushed on the floor and ending up with an unconscious. In conclusion, the defendant needs to be punished financially, because defendant did cause the harm. The result of defendant’s action is reasonable and…

    Words: 795 - Pages: 4
  • Case Study: Glass JA V San Sebastian

    plaintiff if it is reasonably foreseeable. The modern concept of duty of care was born by Lord Atkin in Donoghue v Stevenson , in which the duty of care was limited to guarding against person injury and property damage. This was only in cases where such injury or damage was, or ought to have been, within the reasonable contemplation of the defendant. Moreover, in Cook v Cook, the court suggested that the normal standard for…

    Words: 1032 - Pages: 5
  • Legal Case Study: Susie Vs. Negligence

    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. Breach The failure to act as a reasonably prudent person under similar circumstances. Tommy’s distraction caused him to run a red light,…

    Words: 849 - Pages: 4
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