the following conditions must be satisfied:- 1. Accident‚ an exceptional occurrence The accident which caused the plaintiff’s injury must be such as would not ordinarily happen but for the want of care on the part of somebody. Thus‚ where a person is injured because of the collapsed of the ceiling‚ it is clear that such things could not ordinarily happen unless somebody had been negligent. Examples:- A crane collapsed in a construction site. Swan v Salisbury Contructions [1966]‚
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the general public? BRIEF ANSWER OR CONCLUSION Probably Yes. Under California Law‚ a comercial landlord owes a duty of reasonable care in providing and maintaining the rental property in a safe condition. This duty of care also extends to the general public. The landlord must conduct a reasonable inspection of the property for unsafe conditions and must take reasonable precautions to prevent injury due to the conditions that in this case he knew‚ including common areas like the parking lot
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legal definition for the term ‘Duty of Care’ means that person acts towards others and the public with watchfulness‚ attention‚ caution and prudence that a reasonable person in the same circumstances would. If a person’s actions do not meet this standard of care then their acts are considered negligent and any damages resulting may be claimed in a lawsuit for negligence. ‘Duty of Care’ means that whilst we are responsible for another persons wellbeing we must act with responsibility and diligence
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patio. In consequence the appellant required surgery and prevented her from returning to work for six months. In the appeal hearing the appellant argued that the primary judge wrongly estimate that a dog sitting in the house was insignificant for a person who terrified of the dog‚ thus he
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and occupier’s liability‚ economic loss and psychiatric loss. Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts. Duty of Care In certain situations‚ a duty of care is owed to another person. For example‚ a surgeon owes a duty of care to whoever they operate on. The existence of a duty of care is established by the Neighbour Test which was brought in by Lord Aitken after the Donoghue v Stevenson case; In the Donoghue v Stevenson case
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* In this case‚ we have to look at the Civil Liability Act 2002 (NSW) to determine who was negligent and in specific‚ we use s 5B(1)‚ s 5B(2) and s 5R of the Civil Liability Act 2002 (NSW); s 5B(1) for the reasonable foreseeability test‚ s 5B(2) for determining if the standard of reasonable care has been breached and s 5R for contributory negligence. * Where both the parties seem to have been negligent‚ it is important to determine who is more at fault and for this purpose we need to use the
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Implement person centred approaches in health and social care 1.1 Define person-centred values. 1.2 Explain why it is important to work in away that embeds person centred values. The underlying purpose of “Person-centred values” is to ensure that the individual needing care is placed at the very centre of the decision making process about their life‚ the services and support they want and need. Therefore‚ under this strict system‚ the person is always placed at the very centre of the planning
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over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient degree of control over a premises‚ he ought to realise any failure in his part may cause harm to a person coming lawfully there”. In order to be an occupier‚ it is not necessary for a person to have entire control over the premises. It suffice that he has some degree of control. Control is shown when a person has a right to allow people to come in or to stop people from come into the premises
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whilst in school. They also must take reasonable action to decrease the likelihood of injury to students. (Queensland teachers union‚ teachers and 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 Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care Should a teacher as a reasonable person foresee the incident? Did he/she
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driving a motorcycle with faulty brakes would cause accident and potential injuries to driver and passengers. Under this circumstances‚ a reasonable buyer would not expect to receive such defective goods at a reasonable market price if the defect was not specifically drawn to the buyer’s (i.e. Sam) attention and there was no chance for Sam to carry out a reasonable examination before the purchase. The seller was in breach of the aforesaid implied conditions of the contract of sales of goods. Given
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