Essays Tagged: "Duty of care"

Assignment on Tort Law, ECON345, Understanding damages.

ure others would not build dams and the benefits of not building the dam would outweigh the costs.2.Duty of care differs from Standard of care in a way which the duty of care deters people from doing ... ould be expected to prevent any injuries. There is no threat of damages in Standard of care.B had a duty to make sure that A did not go for a test run, especially when B knew that A's instructor was g ...

(5 pages) 75 0 3.0 Mar/2004

Subjects: Law & Government Essays > Law

Australian Law Assignment Discuss the elements of the law of negligence highlighting recent developments.

m.au/wpc/main.phpo?SID=6AbstractThis paper consists of a discussion on the two requirements for the duty of care, one of foreseeability and proximity. It will look at Lord Atkin's statement in the cas ... d Atkin first mentions the requirement for proximity and reasonable foreseeability in determining a duty of care. By relating to Chapman v Hearse (1962) 106 CLR 112, this paper will discuss the requir ...

(10 pages) 182 1 4.0 Apr/2004

Subjects: Law & Government Essays > Law

Legal cases: possible claim against Australian manufacturers of the Waist Waster and Myways supermarkets for negligence and breach of contract

ers of the Waist Waster is liable for the tort of negligence, we have to establish the following:a. Duty of careTo prove that the duty of care exist, following tests need to be established to prove th ... r Myways Supermarkets is liable for the tort of negligence, we have to establish the following:a.1. Duty of careTo prove that the duty of care exist, following tests need to be established to prove th ...

(6 pages) 65 1 5.0 Aug/2004

Subjects: Law & Government Essays > Law > Cases

Negligence

law 5th edition page 7)Three elements to establish a negligence case        A duty of care was owed        There was a breach of the duty        ...  There was a breach of the duty        Damages occurred because of the breachDuty of CareTwo points in order to establish a duty of care        Should a te ...

(6 pages) 106 0 2.6 Aug/2005

Subjects: Law & Government Essays > Civil Rights

Nursing and the Law

INTRODUCTIONIn this paper I will be discussing duty of care, non-delegable duty of care, causation, damages, vicarious liability, and damages. I wi ... court of law there are four steps to proving negligence. The plaintiff must prove:* That there is a duty to take care in the circumstances at hand (duty of care).* What the standards are that a person ... both the inaction and behavior of the defendant did not meet the legal standard of care (breach of duty).* That the plaintiff suffered injury or loss that the reasonable person in the circumstances c ...

(8 pages) 180 0 3.8 Jul/2006

Subjects: Humanities Essays > Health & Medicine

Analysis of a Case Including Judgement, orders and analysis: Spencer v The Council of the City of Maryborough

. Spencer brought a civil action against the Council. The plaintiff claimed that the Council owed a duty of care in ensuring that pavement was maintained to standard that prevented the incidence of '. ... e obligations placed on the Council by reason of s 901 of the Local Government Act 1994 (Qld) was a duty to take 'reasonable care...to avoid foreseeable risk'. Accordingly, the Council argued that the ...

(2 pages) 15 0 2.0 Aug/2006

Subjects: Law & Government Essays > Law > Cases

Discuss the legal position in tort with respect to the liability of Bill for the harm suffered by Sally, Ranjit and Jane.

In Donoghue v Stevenson [1932] it was held that all owe a 'duty of care' to 'their neighbour'. However, the 'guidelines' which can be taken from Caparo v Dickm ... from Caparo v Dickman 1990 are that there are three separate pre-requisites to the imposition of a duty of care. Firstly, it must be 'foreseeable' that if one party acts carelessly. the other party w ... en the two parties, that is a sufficient 'closeness' between them; and thirdly, the imposition of a duty of care must be 'fair, just and reasonable'. There is no doubt as to whether Bill committed a n ...

(7 pages) 62 0 3.0 Mar/2007

Subjects: Law & Government Essays > Law

Torts law Essay - Answering the questions are remedies available to people infected with AIDS in Australia.

. On the basis of the facts of your case, I forward to you my advice and subsequent recommendations.DutyThere is no question as to whether a duty of care was owed to Michael in this case. As the profe ... se is concerned with) is that of a doctor and patient. "The law imposes on a medical practitioner a duty to exercise reasonable care and skill in the provision of professional advice and treatment" wi ...

(10 pages) 44 0 5.0 Mar/2007

Subjects: Law & Government Essays > Law

Law Case

w that are applicable to this case.The issues of law that we can identify are: Ø Was there a duty of care owed by the Manufacturer to A and the clients or was there one owed by A to the clients ... gence.Now, in order to prove negligence in this case we need to establish the following: Ø A duty of care was owed ? to A?s client?s guests, the Manufacturer to A or the Manufacturer to A?s cli ...

(21 pages) 38 0 0.0 Feb/2008

Subjects: Social Science Essays > Psychology > Psychological Theories & Authors

Law

to the courts that Kathy is negligent under general rule: 1. That the Defendant owed them a duty of care.2. That the Defendant breached that duty.3. That the Defendant conducts ... ter. She immediately warned everyone to it and even made a visible sign. This is an illustration of Duty of Care to refrain from any injurious acts. Unfortunately Keith did not pay any attention to th ...

(3 pages) 19 0 0.0 Feb/2008

Subjects: Law & Government Essays > Law

Duty of care is the responsibility to do everything reasonably

Duty of care is the responsibility to do everything reasonably practical to keep the people affected ... onably practical to keep the people affected by your actions safe. In this essay I will discuss the duty of care given, and expected, in some court cases, and my judgment of them. Also, I will summari ... spond fast enough when notified of the hazardous conditions. Therefore they were negligent in their duty of care. The province defended them selves by saying that they maintained the highways reasonab ...

(7 pages) 1343 0 0.0 Feb/2008

Subjects: Social Science Essays > Psychology > Psychological Theories & Authors

Krocker vs. Kamakazi Ski Lodge Limited

nts must exist for the case to be deemed negligent: 1. The defendant must have owed the plaintiff a duty of care, 2. The defendant must have breached that duty of care through his actions, and 3. The ... rough his actions, and 3. The defendant's actions caused the injury. The lodge was taken out of any duty of care because of the waivers that the plaintiff had signed. During the time he signed he was ...

(1 pages) 339 0 0.0 Feb/2008

Subjects: Law & Government Essays > Law

Crocker vs. The Kamakazi Ski Lodge Limited

nts must exist for the case to be deemed negligent: 1. The defendant must have owed the plaintiff a duty of care, 2. The defendant must have breached that duty of care through his actions, and 3. The ... rough his actions, and 3. The defendant's actions caused the injury. The lodge was taken out of any duty of care because of the waivers that the plaintiff had signed. During the time he signed he was ...

(1 pages) 335 0 0.0 Feb/2008

Subjects: Law & Government Essays > Law

Public Duty Doctrine With Regard To Definition, Theory and Application

Public duty doctrine definition is that "a local government entity's liability for nondiscretionary functio ... ntity's liability for nondiscretionary functions may not be predicated upon the breach of a general duty owed to the public as a whole; instead only the breach of a duty owned to the particular person ... instead only the breach of a duty owned to the particular person injured is actionable." The public duty doctrine is based on the absence of duty in the first instance. This means that the government ...

(3 pages) 1356 0 2.0 Oct/2008

Subjects: Law & Government Essays

Advise as to what actions the patient and the family have against the manufacturer, the Hospital, or the doctor. Was the nurse also negligent? Could she bring an action against the hospital?

ary VictimThe primary victim in this case is Elizabeth. All doctors and nurses owe their patients a duty of care (1). Failure to meet the professional standard of care required of a medical practition ... onal standard of care required of a medical practitioner constitutes a breach.Jacqueline the nurse: duty of careThe immediate cause of injury is evidently due to Jacqueline's negligence. It is foresee ...

(8 pages) 20 0 0.0 Oct/2008

Subjects: Law & Government Essays > Law

Discuss the extent to which public servants owe a duty of care under the tort of negligence

ill and sued the manufacturer of the ginger beer. The House of Lords held that manufacturers owe a duty of care to the consumers of their products and that a consumer can sue a manufacturer if he or ... the claimant must therefore establish three things. Firstly, that the defendant owed the claimant a duty of care. Secondly, that the defendant breached the duty i.e. he or she was negligent Finally, t ...

(10 pages) 36 0 0.0 Nov/2008

Subjects: Law & Government Essays

Case Study 2: A Property Developer's Goal

t profit sharing.Before we go further, it is important for us to understand the professional’s duty of care, risk transfer and site supervision in the building industry practice.Standard of CareW ... ies the insured (architect or engineer) against claims for compensation fora)breach of professional duty,b)any negligence by way of act, error or omission which include indemnifies professionals for t ...

(4 pages) 479 0 0.0 Mar/2009

Subjects: Businesss Research Papers > Case Studies

Alumina Simulation

inary care. If a company falls short of the standards then it can be established that the breach of duty was the cause of the damages. There must also be a "but for" causation and action that contribu ...

(9 pages) 193 0 3.5 Oct/2009

Subjects: Businesss Research Papers > Management

Common Law in Australia: The Tort Of Negligence

Negligence the plaintiff must prove three essential elements:(1) the defendant owed the plaintiff a duty of care and not to cause him or her e injury, loss or damage in the circumstances of the case.( ... injury, loss or damage suffered would have been foreseen as a possible result of the breach of the duty by a reasonable person placed in the position of the defendant at the time when he or she breac ...

(36 pages) 51 0 5.0 Dec/2009

Subjects: Law & Government Essays

Duty of Care and the Public Policy issue.

ter referred to as 'Mitchell v Glasgow CC' is a fascinating scenario in which the principles of the duty of care as expounded upon in the seminal case of Caparo Industries plc v Dickman2, hereinafter ... sions of the defendant, including others. I shall be examining them in due course.The Principles of Duty of CareAs has been mentioned earlier, the case of Caparo v Dickman laid out the tests for the u ...

(10 pages) 8 0 0.0 Jan/2013

Subjects: Law & Government Essays > Law