SLAMS Workshop October 2013 Problems and Suggested Answers PROBLEM 1 Jim drove his wife‚ Betty‚ to Southern Cross Station‚ so that she could catch the Melbourne-Sydney express‚ a special service operated by InterUrban. She was planning to spend a week in Sydney visiting friends. Having arrived at the station‚ Jim carried Betty’s luggage on board the train. They had just stepped into the carriage‚ when the train driver announced over the intercom that the Melbourne-Sydney express would
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Case Study Common Law Table of Contents case 1 3 Negligence 4 Donoghue v Stevenson. 4 Element of Negligence 5 Duty of Care: 5 The case of Ryan v Ireland 1989 5 Breach of the duty of care: 6 causation: 7 The Egg-shell skull rule 7 In the case of Vosburg v Putney 7 The type of the injury: 9 Contributory negligence: 9 Badger v. The minister of defence EWCH 2005 10 The limitation Period 11 Case two 11 David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. 12 Vicarious
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positive and negative consequences of our actions‚ and deciding whether the ‘reward’ is worth the ‘cost’. This ability to predict consequences of our actions isn’t shared by the lower animals‚ and is pivotal in making the distinction between a person and a non-person. We have the ability to justify our beliefs and actions and to enter into reasoned dialogue with others. Rationality also leads to the ability to evaluate experience and draw logical‚ considered conclusions which will influence our actions
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PERSON PERCEPTION * Refers to the different mental processes that we use to form judgments and draw conclusions about the characteristics and motives of other people. Variables that give impact to person perception: 1. Characteristics of the person you are observing. 2. Context of the situation. 3. Own personal characteristics. Based of our impressions are: 1. Roles and social norms 2. Physical cues 3. Salience of the information Primary Effect * The
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loss to the plaintiff while the damages are foreseeable‚ the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth. Negligence is behavior that falls below the standard of reasonable‚ prudent and competent people. The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to the damage by negligence‚ which is actionable‚ would incur liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue
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Who is the reasonable man? Factors considered whether he adopted necessary care? Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if‚ treated
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Description of a person Jerry‚ My Boyfriend It is only when an individual gets to know a person on a deeper level that he or she can actually appreciate and value that person’s inner beauty. Although physical attraction is important--and it is the first impression one always gets--it does not express an individual’s inner attributes. My boyfriend‚ Jerry‚ represents both internal and external beauty. Jerry is not as towering as Michael Jordan; however‚ he is not as short as Michael J. Fox
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Duty of Care: GELERAL Week 2::Seminar 2 This concept is based on three proof of elements‚ its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty‚ Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct. Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what
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Tommy) and that ruins their experience. However‚ that has been a part of the process for a while and it wouldn’t make sense to remove the ads for the reason that the company and the studios would lose money. It all comes down to whether or not a reasonable person standard would take the same action Tommy did if they didn’t like a movie or commercials. However‚ since the percentage is actually more than 10%‚ the consortium will have to consider negotiating a settlement of some sort of any lawsuit filed
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against TAFE for his injury from the accident‚ he had rights to claim for his cost from TAFE that he did not fix the engine on the wrong way. There are five steps about the law of negligence‚ first is duty of care‚ it is a legal duty owed by one person to another‚ in this case‚ TAFE owed a duty of care to John. Because based on foreseeable test‚ John is a student who graduated form the TAFE‚ he also proved that the instructor of TAFE gives him a wrong instructions about how to fix an engine‚ then
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