·Sometimes people excuse the damage they cause by saying this was a mistake or that they did not mean to cause the damage. Is this a valid excuse to avoid liability for damage caused? Explain your answer. With the above question about people that is liable to a damages due to their civil wrong and now finding an excuse to avoid damages. In law, there is no excuse and the defaulter would therefore be liable for their offence committed except if the judge in a court of law based of their reasonable doubt found that it was not proven true that such person would be liable for a damages.
Robby is applicable to anyone who has a special relationship with the business because that relationship gives them constructive possession of the business property. Non-employees who act on their own good motives are considered good samaritans and do not have a special relationship with a business. Non-employees who act as good samaritan do not have an implied special relationship that would give them constructive possession of a non-employer's property. People v. Galoia, 37 Cal.
What we are concerned with at this point is negligence as the state of mind which is one element of the tort .In this sense it usually signifies inadvertence by the defendants to the consequences of his behavior, simple example being the motorist who daydreams, the solicitor who forgets about the approach of the limitation period or the doctor who forgets about the approach of the limitation period or the doctors who forgets that the patient is allergic to a treatment. It may be that the word should only be used in this sense but for the purpose of the tort of negligence a defendant clearly cannot escape liability because he adverted to the risk if the case is one where even inadvertence would saddle him with
Is past consideration regarded as adequate and sufficient when determining the validity of a contract? B. LAW Doctrine of promissory estoppel In contract law, it is a general rule that where a party to the contract makes a representation in form of a promise to another party relating to the contract, such party is restrained from reneging regardless of nonexistence of consideration (Jill, 2012, p. 148).
However, conflict can arise when it is discovered that a client meets the criteria for a diagnosis that could negatively affect the client because of the stigma attached to that particular diagnosis. Clinicians often feel personal internal pressure as they grapple with diagnosing someone who they believe will suffer from more from being accurately diagnosed than he or she will, if given a less severe diagnosis. Clinicians often want to avoid the negative effects that the labeling of a severe diagnosis will have on a client’s self-esteem (1988). Along with internal pressure, external pressure also weighs heavily on clinicians. In order to adhere to external pressure brought on by agencies seeking and insurance companies seeking reimbursement, clinicians may be pressured to over-diagnosis patients.
It always consist of harm caused by carelessness, not intentional harm and according to Jay M. Feinman of the Rutgers University School of Law, “the core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people. ”(Feinman, Jay(2010)). It involves four essential elements: duty of care, breach of duty, causation and remoteness of damages. Duty of care: It refers to the relationships which the law recognizes as giving rise to a legal duty to take care.(Annon, n.d.). It determines the existence of a legally responsibility and legal duty is imposed in different typical situations.
Definition of law Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
A specific example of a substantive law is a law prohibiting trespassing on another’s property. Substantive law, which refers to the actual claims and defences whose validity is tested through the procedures of procedural law, is different from procedural law. Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law.
Working in a sports related field requires some legal background when dealing with other individuals as it relates to injuries. Even though injuries may occur, sometimes they are minor but at times they are major injuries and one may feel the need to field suit. The purpose of this assignment is to understand and evaluate negligence and challenges that may affect interscholastic sports. This assignment assist of ten discussion question with a range of negligence challenges in today’s sports. I will address each question throughout this assignment.
Introduction Patient Safety Christopher Hammett underwent disc replacement of the L5-S 1 joint (lumbosacral joint) on the 22 of April 2005 in Pacific Private Hospital. According to Coroner Hutton (2012) “The operation itself was uneventful and took about 53 minutes” and he’s oxygen levels were maintained at 99%. Once the operation was complete, Mr Hammett was extubated and transferred to the Post Anaesthetic Care Unit (PACU) where he was under the care of two registered Nurses, Nicholas Turrell and Christine Proud. He was then discharged from PACU to the accommodation ward later that evening (Hutton, 2012).
Consensus Summary of Yolanda Pinnelas Case Study The purpose of this paper is to discuss a case study involving a 21-year-old patient, Yolanda Pinnelas, who was studying to be a musical conductor, and who was being treated with chemotherapy. The toxic medication allegedly caused severe deformity of the patient’s hand when it seeped out of the intravenous (IV) catheter and into the surrounding tissues with minimal intervention by the hospital staff noted. This malpractice case will be reviewed thoroughly by each one of the group members and a discussion of the issues relating to duty, documentation, liability, damages and more will be discussed in detail within this paper.
If the student nurse decide to go away as Gerald has requested in respect of his autonomy she would have breached the duty of care and this would be considered as negligence. The word negligence is a tort law that regard individuals to exercise reasonable care in order to prevent harm that can be acts or omissions to any person. In order for negligence to have happened four elements must have occurred, these include duty of care that the nurses owes Gerald, breach of duty of care, harm caused by this duty of care and the result of the damage or harm that occurs (Johnstone, 2015). Employers are also accountable for employee actions, which means they are answerable to any actions, omissions and negligence.