Essays on Duty Of Care

Negligence is an attribute that must be considered along with other torts due to its far-reaching impacts. Many people experience such cases but are unaware of what to do when they experience such either personally or professionally. However, the tort has been considered an integral part of the system that allows one to understand the importance of dealing with harm as part of determining the best ways of reducing harm (Velasco, 2015). The burden of precautions that arises in such cases only creates different reasons why people need to continue developing ways of addressing the issues affecting the individual ...

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

The director owes a duty of care to act in a diligent manner that pertains to the affairs of the company. It is the duty of directors to avail themselves for meetings as an obligation towards the successful running of the enterprise. Neglecting meetings and failure to observe due care while passing resolutions that may cause the company to experience issues may lead to the director being held personally and wholly liable for the damages arising. A director who knowingly votes for an illegal action will be held personally accountable for their actions. The director’s duty of care ...

Q.1 The elements of the plaintiff’s claim for damages against the hotel as the employer include loss of income/earnings or economic loss and pain and suffering. The complaint against the animal keepers as guests is a breach of the duty of care constituting negligence. Examples of animal diseases that one may contract as a result of being around or handling animals include zoonotic diseases such as anthrax, brucellosis, leptospirosis, arbovirus, and Campylobacteriosis. To avoid infection by these diseases, the care that one should include the use of personal protective equipment such as boot, aprons, overalls, goggles and gloves, ...

Things remembered recalled children’s jewelry from the market on July 19, 2016. The recall is referenced by the Recall Number 16-228. According to the United States Consumer Product Safety commission’s website, the reason behind the decision to recall was a violation of lead standards for children products. Specifically, the product subjected to the recall included the silver heart bracelets and the sweet charm necklaces for children. Silver heart bracelets are six inches long each of which has ten silver hearts linked by circle links. Besides, it has a lobster claw clasp for its closure and one charm ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

Question 1

This is the National Tourism Development Authority of Ireland working to ensure that Ireland is a highly-favored tourist destination and that it remains competitive in the global market. As the authority mandated with overseeing the performance and running of the tourism industry in Ireland, Failte Ireland's numerous roles are statutorily governed. The agency has such duties as stating operational and service standards of the tourism sector, registration of service providers, ensuring that necessary insurance covers for tourists visiting Ireland are provided, and setting environmental standards to be adhered to by businesses in Ireland. From the view of it all, ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee. No. 89-3576Summary Calendar.

Background Information The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

Sheila Renee White MAYO v. HYATT CORPORATION

898 F.2d 47 (April 10, 1990)

Facts: On February 20, 1987 Jack Mayo, Jr. died. His death was the result of complications pertaining to a fractured skull he suffered three days earlier on February 17 falling down the stairs of the Hyatt Regency Hotel in New Orleans, where he had been staying. Prior to the fall, Mayo had been drinking heavily off the hotel’s premises. Toxicology reports later confirmed that not only at the time of his fall was Mayo’s blood alcohol content over three times the legal limit but also that he had taken a significant ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Question 1: Hierarchy of Courts in Australia

Question 2: Conveyancing Acts Conveyancing Act of 1994 The Land and Business (Sale and Conveyancing) Act provides for the legal procedures and requirements that vendors and purchasers of land and property must follow. These include the registration and verification of titles to land and property and the role of agents in the land transaction process. It also deals with auctions, special requirements as to sales representatives and rights of parties to a land transaction.

Land Titles Act 194

This piece of legislation provides for the legal requirements for dealing in and holding of freehold land, the powers of the land Registrar, and use ...

v. Ocean City SEACRETS, INCORPORATED; Leighton W. Moore, Jr.,

Defendants-Appellees.

Top Four (4) Facts: Fact1: Ocean City Seacrets had put the necessary precautions to guard against customers’ injuries, especially diving, which is relevant to the case in question; the defendant exercised the duty of care. Reason fact is important: First off, it is clear that Ocean City Seacrets hosted many customers or rather invitees, the Mahons included; therefore, it owed them the duty of care. The necessary measures were taken to prevent guests from diving since the water was not suitable for diving. A total of nine ‘NO DIVING’ signs ...

Under most circumstances the grocery store would not be liable if someone is a victim of a crime near the story but not actually on the store’s property or premises. The reason for this outcome is twofold. Unless the harm is the result of a grocery store employee, for example, if an employee was told by a manager to “mug” the customer when they left, then the harm cannot be considered an intentional tort related to the store. An intentional tort is one in which the defendant (the grocery store) commits an act whose results it intends accomplish. ...

Contract Issues

This is a case of the Essendon Football Club, a professional football club which plays in the Australian Football League (AFL). This paper focuses on the legal battle that the EFC faces concerning their alleged use of prohibited supplemental drugs in what is currently referred to as the Essendon doping scandal. The parties involved in the said saga were the EFC (including all of its constituents), the World Anti-Doping Agency (WADA), the Australian Sports Anti-Doping Agency (ASADA), and the Australian Football League. The main object in the case was the banned and prohibited peptide Thymosin Beta 4 . Focusing on ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

Question 1

According to Tregeagle and Orr (2003), they argued that there are many Australian children that at one point or another, during their influential years, are not be cared for adequately. For many, this is a brief period that passes however for some; this maltreatment lasts beyond theirtender years and impacts their life. The abuse of children can be defined as any non-accidental behaviour by any adult in the child’s life that causes physical or psychological harm. The behaviour can be intentional, such as abuse, or unintentional, such as neglect (Bromfield, 2005; (Christoffel et al., 1992). It was meant ...

Part A: Personal Safety

Question 1 Hazard The personal safety hazard in scenario A is the unlocked front door and the open windows while the client is asleep. In scenario B is the client banging the seat on the train platform. In scenario C, the community member who yells abusive things to the support worker and his client and follows them around the shopping mall. In scenario D, the personal safety hazard is the uneven path that exists in the complex where the client lives. In scenario E, the arrival of all customers at once causing much commotion is the personal safety hazard. ...

Executive Summary

Over one million children in Australia are victims of domestic and household violence. Children become victims of family violence both directly and indirectly. Family violence is worse among the minority groups such as the Aboriginal community and the Torres Strait Islander societies. Culture plays a major role in breeding or tolerating domestic violence to continue taking place in the society. The government of Queensland does not have adequate policies and legislations to ensure the safety of children in the society. Accessibility to resource centers is limited for children victims of domestic violence. Functional institutions, employers, media and the government ...

The article 2 of the Human Rights Act of 1998 is a fundamental provision that is usually invoked to safeguard the right to life of individuals and that which imposes the legal obligation of contracting states to take appropriate steps not only in refraining from taking life intentionally, but also to take the appropriate steps to safeguard life. This provision has become the controversy in many cases involving human rights torts, by virtue of the section 6 of the Act that provides a statutory cause of action against the public authorities or bodies. In many occasions the article 2 ...

Study

Will Manuel Perez prevail in invalidating the arbitration clause? Why or why not? Identify the ethical concerns regarding Walexron’s approach to the arbitration process and recommend actions Walexron could take to remedy the ethical concerns.

Manuel Perez has high chances of invalidating the arbitration clause in question for several reasons.

Firstly, the case materials indicate that there is no applicable arbitration clause at all. Thus, in Staschiak v. Certified Logistics, the court made a ruling that if there is a special disclaimer in the employee handbook, it may not be considered as a part of the employment contract. In addition, this ruling stipulated that the employment agreement should contain a specific reference that ...

Corporate governance refers to a system in which companies in a given region are directed and controlled. It involves a set of relationships existing between the board, management, shareholders and any other stakeholders of the company. Corporate governance as well is instrumental in the provision of a structure of setting the objectives of a company, the means of attaining the set objectives and monitoring performance of the company. Corporate governance lies on four pillars which include accountability, transparency, fairness and responsibility (Sharar, 8). A corporate governance framework is necessary to safeguard the interest of the various stakeholders in any ...

In Corbin v. Safeway Stores the plaintiff “sued Safeway Stores for damages resulting from injuries suffered when he slipped on a grape and fell” in the produce department of a supermarket owned by Safeway. The evidence established that the plaintiff slipped “directly in front of the self-service grape bin” (Corbin v. Safeway Stores). The plaintiff testified that “he saw no mat or other flooring covering of any kind in the area where he fell” (Corbin v. Safeway Stores). On the other hand, Safeway’s employees testified that company policy “required mats in front of its grape bins” because Safeway ...

Discussion of Negligence

Discussion of Negligence According to Turner (2013), a tort refers to a civil wrong committed by one person against another person. The law of tort attempts to adjust for harms done to individuals by awarding the successful plaintiff who demonstrates that the defendant was the cause of their loss, damage or injury. A tort can be classified into intentional torts, strict liability torts or negligence torts. Intentional torts arise from intentional acts while unintentional torts arise out of a defendant’s recklessness or carelessness. A strict liability tort is type of tort in which no proof of fault on ...

ABSTRACT

This paper discusses breach of duty as it pertains the healthcare profession. The relationship that exists between a medical practitioner and a patient is briefly discussed with emphasis on some of the circumstances that bring about such relationships. The legal tests that are applied to test breach of duty which a medical practitioner owes a patient are also briefly but coherently discussed. It’s important to note that the three tests set the necessary conditions that must be met for a case of negligence to be proved in a court of law. The paper then summarizes by considering two ...

In the case of Yakubowicz v Paramount Pictures Corp., Yakubowicz, the defendant in the case, was on his way home on the night of February 15, 1979 when he was stabbed by Michael Barret who had been at the Saxon theatre watching two consecutive screenings of “The Warriors”. The movie in question contained several scenes of juvenile-gang related violence. Additionally, Barret smuggled alcoholic beverages into the theatre where he got intoxicated. While they were parting at the subway, Barret stubbed Yakubowicz with a knife at the chest. Consequently, he died the following morning. His father brought a tortuous action ...

Introduction

There are a couple of important fundamental differences between a criminal action and a civil action. One of the most apparent differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or a group of individuals. Another fundamental distinction between a criminal and civil action is that the parties go to the court. In a criminal action, the prosecution represents ...

Introduction

Alternate Dispute Resolution is a method of settling disputes without the intervention of the civil courts. This application of the mediation process is especially successful in conflicts of family, minor injuries, home negligence issues and most other disputes in which the settlement is relatively fixed and lowers than a jury trial would assess. There are three basic types of Alternate Dispute Resolution (ADR): arbitration, reconciliation and mediation . A mediator is a neutral third person who adjudicates the proceedings and is agreeable to both parties before entering into the negotiations. The parties have to additionally agree upon accepting the ...

Throughout the history of the world hitherto, monotheistic religions have been the source of numerous discordant debates more so in critical life and death moments regarding patient care. A patient’s religious or personal beliefs remains a hindrance in the provision of healthcare services despite the mercurial rise in scientific research leading to evidence based practice. The existence of different religious beliefs means that the belief systems of patients are equally varied and thus providing certain medical procedures and care to patients is a challenge as Mendes, (2015) opines. Medical practitioners and nursing professionals working with diverse patients having ...

Introduction

The core concepts of Jean Watson’s theory of human caring play a major role in nursing theory development. The concepts include a relational caring for self and others, transpersonal caring relationship, caring moment, multiple ways of knowing, and reflective or meditative approach for human caring (Vance, 2003). Dr. Watson's theory of caring was published in 1979, and it is one of the modern grand theories in the nursing field. She emphasizes on the human aspects of nursing and the manner in which they intertwine with the scientific knowledge and the entire nursing practice. The theory of caring also ...

The appeals court should rule in favor of the defendant, Jewett. This ruling is arrived at by the use of the primary assumption of risk doctrine. The particulars of the case point at an implied assumption of risk by the plaintiff. By getting into a session of an active sport, the plaintiff could not claim any duty of care owed to her by the defendant during the active sport event.

Knight bases her claim on the legal doctrine of negligence. She claims that the defendant owed her a reasonable duty of care during the game of touch football. She claims that ...