duty of care meant the “omission to do something which a reasonable man would do or doing something reasonable would not do”. Whether or not‚ “the pure economic losses” refer the physical injury or property damages economic loses usually easy to attest as breach of duty of care. Denise as financial advisor did not have the professional skills to provide the legible investment suggestion to Charlie‚ this is failed to do what a reasonable person would have done in the situation and result in Charlie
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foreseeability‚ explained why a duty might be owed by one party not to injure another. He stated that “whenever one person is by circumstances placed in such a position with regard to another‚ that everyone of ordinary sense would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger or injury to the person or property of the other‚ a duty arises to use ordinary care and skill to avoid such danger.” The Elements of Negligence
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activity concerned ‚so for example‚ driving carelessly is a breach of the duty owed to the road users‚while bad medical treatment may be breach of the duty owed by doctors to patients.In each case‚the standard of care which could be expected from a reasonable person.This means that it is irrelevant that the defendant’s conduct seemed to be fine to them; it must meet a general standard of reasonableness.Not all careless conduct which causes damage will give rise to an action because to be liable in negligence
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negligent to the entrant. Factual Foreseeability The threshold factual test of factual foreseeability is readily met in claims of occupier’s liability as it is eminently foreseeable that entrants will suffer damage if occupiers did not take reasonable care to eliminate danger (See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd and others [2013] 3 SLR 284; [2013] SGCA 29
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TABLE OF CONTENTS INTRODUCTION …………………………………………………………………………….… 1 DEFINING SEXUAL HARASSMENT ………………………………………………………… 1 QUID PRO QUO …………………………………………………………………………. 2 HOSTILE WORK ENVIRONMENT ………………………...………………………….. 2 IMPLICATIONS OF SEXUAL HARASSMENT …………………...………………………..... 4 EFFECTS ON EMPLOYEES ………………………………………………………..…... 5 EFFECTS ON EMPLOYERS ……………………………………………………...…….. 5 EMPLOYER LIABILITY ……………………………………………..…………………. 6 RESPONSIBILITY TO EMPLOYEES ……………………………….…………… 6 NON-EMPLOYEE SEXUAL
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SUBMITTING AN ANALYSIS RICARDO COLON BUS - 206 MOD 5 SOUTHERN NEW HAMPSHIRE UNIVERSITY JUNE 1st‚ 2013 Submitting an Analysis Step 1: Ms. Jones’ lawsuit alleging negligence on the part of TWS for failing to maintain a safe entryway to the store needs to meet the four elements required for negligence: (1) a duty of care; (2) a breach of the duty; (3) causation; and (4) injury. Step 2: TWS claims Ms. Jones was comparatively negligent in an attempt to reduce the total damages that
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D) and Normative (evaluation of D action taking into account surrounding circumstance and D state of mind) * Proof of Cognitive = subjective test (assume state of mind is ascertainable only direct evidence is a confession) – jury ascertain reasonable person but destroy subjectivity * DPP v Smith = D trying to escape from the police in a car was signalled to stop. He did not do so. A PC jumped onto the car’s bonnet. D drove at high speed‚ swerving from side to side‚ until the officer was thrown
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standard of care by not maintaining the fire alarm in the hallway properly causing the severe injury of Sally Smith? I believe Larry Landlord fell below the standard of care in this case. To the reasons set forth below: According the rule of reasonable person under the standard of care‚ I can definitely foresee the injury coming. Her injury could have prevented if the landlord has maintained the fire alarm on the first floor. Due to the malfunction of fire alarm on the first floor‚ Smith realized
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Question 1 [15 marks] Mary has been at a party. She has been drinking heavily and cannot walk properly. She walks home and crosses the road without looking for traffic. Bob is driving his car down the road‚ he does not see Mary because he is changing a CD in his car. He hits her and injures her‚ breaking her leg. Because of the delay caused by the traffic accident‚ another driver‚ Tom‚ is stuck in traffic. He is an electrician and because he cannot get to his next repair job of fixing the
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allow patrons to use the machines in a dangerous way. Therefore the standard of care was to inform and warn the clientele about the dangers that could occur on the machines which did not happen. A reasonable person would assumed that the gym should have warned Steve. . In the case of the manufacture a reasonable standard of care would be to develop machines that make it reasonably difficult to injure oneself. As a
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