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Negligence Essay Examples

Elements of Proving Negligence
It is evidently clear from the discussion that the four elements of proof necessary for a plaintiff to prove negligence include the duty of care, breach of duty, injury, and proximate cause. Health care providers are charged with a duty to care for the patient(s)...
Pages: 3 (750 words) , Term Paper , Business
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Relevance in Tort or Negligence Cases
Any advice from a professional, even if not express or formal or written, is binding even if there is a proviso of non-accountability. The characteristic of that relationship which is not express or formal or written may be denominated as a special in that it...
Pages: 6 (1500 words) , Assignment , Law
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The Claim for Negligence
The test for a duty of care was established by the case of Donoghue v Stevenson which also established the principle of proximity and the neighbour test. Under the neighbour principle, the court established the general rule that ‘you must not injure your neighbour ’,...
Pages: 7 (1750 words) , Essay , Law
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Understanding Principles of Liability in Negligence in Business Activities
Principles of liability are defined under the charged act. These may vary with the variation in regions and boundaries. However, there are some common terms and jargons present which are taught in every Law guide. Contrast liability in tort with contractual liabilityLiability in tort can...
Pages: 6 (1500 words) , Assignment , Business
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Choc Delux: Liability Under the Tort of Negligence
According to English law for tort of negligence, claimant (Kim) needs to prove number decision points to help the court to find evidences of negligence showed by Choc Delux. Decision Point 1: In order to prove evidence of negligence, Claimant (Kim) will need to show...
Pages: 4 (1000 words) , Essay , Business
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Economic Analysis of Law for Examination of Rules of Negligence and Obligation
In trying to have a comprehensive understanding of these, Kornhauser 10 brings two assertions: efficient rules are selected for legal processes and people are motivated to fear the law because of its economic consequences. These assertions, however, do not match up unswervingly to conventional questions...
Pages: 12 (3000 words) , Term Paper , Law
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Business Law Cases, Employer Negligence and Employee Claims
An offer can be revoked at any point before it is accepted, or before the particular auction ends by means of notifying the offeree. Unless an offer has been made on an item, there is no danger of being bound to buy it. If an...
Pages: 12 (3000 words) , Assignment , Law
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Aspects of Contract and Negligence for Business
There must be consensus ad idem i. both parties must agree to the same thing in the same sense. This means that the offeree should agree to all the terms of the offer. A qualified acceptance is not a valid acceptance. It is regarded as...
Pages: 7 (1750 words) , Essay , Business
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Medical Law Problem
Subsequent to the Bolitho decision, the courts are critically evaluating the test of reasonableness, established in the Bolam case.The doctor, as a responsible professional, should have thoroughly examined the injured Charles. However, he failed to do so. Based on Charles’ statement regarding pain in his...
Pages: 9 (2250 words) , Essay , Law
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The Irish Civil Litigation System Has Facilitated a Compensation Practice and Widened Concepts of Care Duty
Lord Atkins continued to define the term “neighbor” in the legal sense as being “persons who are so closely and directly affected by my act that I ought to reason to have them in contemplation as being so affected when I am directing my mind...
Pages: 14 (3500 words) , Case Study , Law
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The Defendant Breach and Standard f Care
Negligence is conduct which held below the standard commanded to protect individuals against inadvertent harm. This standard is measured by the reasonable test, which is the reaction οf a reasonable person compares to what the defendant did in the circumstance. Did the defendant breach the...
Pages: 8 (2000 words) , Literature review , Law
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The Law Commission
The Law Commission has conditionally suggested that ‘greater transparency and consistency be attained through incremental reform by the judiciary’ (The Law Commission 2009, CP No. 189, p. 146); The Law Commission 2001, CP No. 160, which recommended legislative reform). The case of Gray v Thames...
Pages: 10 (2500 words) , Case Study , Law
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Special Training and Development Measures in the Electra Direct Organization
Negligence as a separate tort had materialized after the judgment of the case of Brown v. Kendall, where the fundamental nature of the tort was that an individual is supposed to be subject to liability for being negligent and causing damage to another. It has...
Pages: 11 (2750 words) , Essay , Business
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Bolan approach in medicine
During the course of a medical intervention, an attending physician is perforce to act in the best interests of his patients and in keeping with the doctor: patient relationship. A doctor may be able to justify his medical decision and may also be able to...
Pages: 10 (2500 words) , Essay , Health Sciences & Medicine
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Analysis of Law of Torts Cases
In ‘Ryan v. Youngs’(1938), the defendant’s servant, while driving a lorry, suddenly died, which resulted in an accident and consequent injury to the plaintiff. The driver appeared to be quite healthy and the defendant could not foresee his sudden death. It was held that the...
Pages: 8 (2000 words) , Case Study , Law
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Was Sams Death Accidental
The culprits are liable to be charged with manslaughter, as will be argued in the sections of the paper. Angela, as the mother of Sam, took the child for a walk and instead concentrated on her novel, rather than watching over the child. The child...
Pages: 7 (1750 words) , Case Study , Law
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The Compensation Act 2006 and the Culture Created
 The imposition of a duty of care is necessarily connected to the question of custody and control of the place and circumstances that give rise to the harm complained of.  Last, but by all means not least, the court must be satisfied that in all...
Pages: 8 (2000 words) , Case Study , Law
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Analysis of Falling Hazards of Workers in the Construction Industry
Take for example, when an employee refuses to wear a headgear, for protective purposes, then chances are high that he may be vulnerable to some head injuries. Some of the reasons that may be advanced for his refusal may emanate from the lack of comfort...
Pages: 16 (4000 words) , Book Report/Review , Social science
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Analysis of Common Law Cases: Rate Plants Ltd and ABC Accountants Ltd
The fact that the elderly visitor slipped on the pathway is an accident and provided that the company exercised its duty of care against such incidents, it cannot be held liable for the tort of negligence especially if the company can prove that the victim...
Pages: 10 (2500 words) , Case Study , Law
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The Exclusion from Liability Clause and the Hotels Liability
 The exemption of liability clause in which the hotel is attempting to limit/exclude liability relative to injuries sustained by a guest using sporting facilities will depend on whether or not it is valid and provided John had the requisite notice of its existence.   The general...
Pages: 8 (2000 words) , Case Study , Law
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Essential Elements for Formation of Contract in UK and Invitation to Treat
This essay explores the essential elements for the formation of the contract in the UK and “invitation to treat”. Intention to create a legal relation: Schwartz and Scott concluded that the foremost need of establishing a contract is the will to create a legal relationship...
Pages: 20 (5000 words) , Essay , Law
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Tower Hamlets Health Authority
In the current case, the reason for dismissal will fall under conduct. She is very much capable of doing her job as she has been doing it for the past thirty years. She is qualified and also has no health issues that are contributing to...
Pages: 6 (1500 words) , Essay , Business
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Issue and Facts of Big Greetings and Copyright
Goods sold must be appropriate for the purpose for which they are bought. This is obligatory under the Sale of Goods Act 1979. Consumers have rights which they can exercise if there is a breach of contract. Consequently, it is important to determine whether a...
Pages: 8 (2000 words) , Assignment , Business
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Patent Protection and Patentability of the Exit Poll Machine
In the case of Intalite International NV v Cellular Ceilings Limited, it was held that if the invention is not obvious on the skilled worker test, the invention will automatically satisfy the inventive step test and that it is necessary to evaluate the invention as...
Pages: 12 (3000 words) , Assignment , Law
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Ford Motor Company
Business Questions Ford Motor Company Ford Motor Company is relatively the fourth largest automotive manufacturer in terms of production capacity. The company sells vehicles under Ford and Lincoln brands. Ford’s domestic sales have been low and stagnant for quite some time, in comparison to its...
Pages: 3 (750 words) , Essay , Business
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Business Law and Statutory Liability for Defective Products
Since Ace Computers is a technically sound company well versed in the technologies of the day, it can be proved that this is a type of fraudulent misrepresentation. There are two remedies for misrepresentation and they are the rescission of the contract, damages, or both....
Pages: 7 (1750 words) , Case Study , Business
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Analysis of a High Profile Serious Case of Daniel Pelka
In the US, a child in every seven children undergoes maltreatment, particularly in families associated with high-stress levels owing to parental drug abuse, community violence, and social isolation. The implications are that some areas of a child’s brain development are affected, especially those involved in...
Pages: 9 (2250 words) , Essay , Nursing
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A Normal Family Relationship of a Parent to a Child
Parental immunity is the law in Texas. The parental immunity doctrine is designed for the protection of family peace and tranquillity and the parental right to discipline, control and care of children. The courts in Texas have held that to allow litigation between parents and...
Pages: 9 (2250 words) , Essay , Family & Consumer Science
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Discussing of British Legal System, Contract Law, Business and Law
The fourth condition is that of causation whereby it can be proved that the action of the other person has resulted in the injury or loss of property by the other third party. In some cases, duty care may not exist. In contrast to the...
Pages: 19 (4750 words) , Assignment , Law
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EXEMPTION CLAUSES ( contract )
It is may be argued that the purchase made should be deemed covered by the limiting clause on the basis of the argument that Thomas would have not given Smith Co. the same term as what have been done in previous purchases, in the...
Pages: 6 (1500 words) , Essay
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The Law of Contract
Therefore, considerable importance is attached to exemption clauses by the courts6. No such prominent notice was given to Maggie, and the reverse of the ticket contained a direction to view the website of English Rail, for information regarding its rules. As such, the exclusion clause...
Pages: 6 (1500 words) , Essay , Law
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The Judgment of Lord Bingham
In his judgment Lord Bingham refers to the following: In his judgment, Lord Bingham refers to the following:(a) The meaning of “malice” in the context of arson as laid out by Lord Professor Courtney Stanhope Kenny in the first edition of The Outlines of Criminal...
Pages: 12 (3000 words) , Essay , Law
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The interrelationship of contract law and tort law in the area of remoteness of damage
The law of contracts and the law of torts are separate and distinct, yet interrelated and connected by similarities. One such similarity are the rules regarding the remoteness of damages. The damages remoteness rules limits, in both contract and tort cases, the amount of...
Pages: 8 (2000 words) , Essay
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Nuances of Medical Malpractice Law
Rodney Comeaux was full of complicated health problems since when he was young. Diagnosed with Sickle Cell Anemia at an early age of six months, Rodney was never in perfect health. Sickle Cell Anemia (or SCA) is a genetic abnormality in the blood which is...
Pages: 8 (2000 words) , Case Study , Law
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The Concept of Risk within Business
The ability to assist with mortgages and real estate is a priority for several who are interested in specific business ventures.  However, to consider this, one also has to be aware of the different laws and regulations that come from diverse backgrounds, either nationally or...
Pages: 18 (4500 words) , Term Paper , Business
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Resolution of Common Law Cases
If Doris was held to have made a valid offer, then Frank cannot be held to have made a valid acceptance, as he offered £400 for it. He was thus making a counteroffer, because of the “mirror image rule,” which states that an unequivocal acceptance...
Pages: 11 (2750 words) , Assignment , Law
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The Advantages of Nuclear Energy
The effects of nuclear disasters can extend to many generations as seen in the generations of people who have followed the survivors of the bombing of Hiroshima and Nagasaki. People who are exposed to the level of radiation that escapes during a nuclear disaster are...
Pages: 6 (1500 words) , Research Paper , Chemistry
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The Sale of Goods Act 1979 and Consumer Protection Act 1987
A defective product claim arises at the event that the manufactured products have been found with faults that caused injury or loss to the consumer. All manufactured products or goods are at risk to fall into the category of the faulty items if the consumer...
Pages: 7 (1750 words) , Case Study , Law
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Causal Relationship Analysis of Actus Reus and Mens Rea of Voluntary Manslaughter
As far as mens is concerned the current situation is that of Woollin and R v. G which has been attained after refining of the original test for intention. Thus the test is that there must either be direct intent that is the defendant had...
Pages: 9 (2250 words) , Research Paper , Law
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Law Firm Blair, Peel, and Pitt - Emotional Distress
This is what prompted his decision to replace her with a different person because he could not put up with such form of resistance. This is what prompted his decision to replace her with a different person because he could not put up with such...
Pages: 8 (2000 words) , Assignment , Business
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Massage Therapy: Scope, Attitude and the Profession
This is important not only for the therapist to be able to establish a plan geared at solving the client’s problems but also for the therapist to understand whether his approach is working or not. In this sense, getting honest feedback from the client is...
Pages: 10 (2500 words) , Term Paper , Professional
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The Little Liability Under Tort Law in Case of Economic Loss
Defamation means defiling the status of someone. It is separated into two parts, slander and libel. Slander is verbal defamation and libel is defaming somebody through print or broadcasting. (Wright. 2001). In the present era, the legal difference between libel and slander has been constructed....
Pages: 10 (2500 words) , Essay , Law
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The Tort Law
In the case of a police officer suspected a woman of solicitation and wanted to question her but she turned to go. He held her arm to prevent her from going but she scratched him instead. The lower court found the woman guilty but on...
Pages: 68 (17000 words) , Essay , Law
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Patients with Do Not Resuscitate Orders
Lack of strict adherence to patient’s bill of rights leads to lawsuits. Patients often file suits commonly referred to as malpractice litigation. Medical practitioners should understand that malpractice litigation only leads to high costs of health care. They should always ensure that they follow the...
Pages: 8 (2000 words) , Case Study , Health Sciences & Medicine
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Director's Responsibilities in Event of Disruptive Behaviour
In some cases, a restrictive covenant can prevent an employee from divulging confidential information that has been obtained on the job, for example, Corporate Express v Day. Alternatively, a specific express confidence clause in the contract could also serve as a bar for divulging of...
Pages: 10 (2500 words) , Essay , Law
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Careless Driving
This is simply because the drivers are not taking the laws seriously or they are not obeying them because they think their lawyers and insurance companies can help them. The insurance companies promise to pay the damages in case of any accidents thus drivers are...
Pages: 7 (1750 words) , Research Paper , Law
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Border Patrol: Dynamics and Contemporary Issues
It is responsible for the apprehension of individuals illegally gaining entry into the U.S; the protection of American firms from a theft of intellectual property, and the stemming of illegal contraband and drugs’ flow and entry within the U.S., in addition, is the element of...
Pages: 10 (2500 words) , Research Paper , Politics
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Family Violence and Abuse
In 40% of the cases examined, dependable parents admitted: “they believed there was nothing wrong with what had happened”. The caseworkers who were instructed to evaluate the case documents thoroughly reported “that in more than half the cases… the supervision problem was due to a...
Pages: 9 (2250 words) , Research Paper , Social science
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Shipmaster Business - Standard Salvage Contracts in the International Maritime Community
“Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the...
Pages: 8 (2000 words) , Case Study , Law
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Child Abuse: Exploring the Societal Factors
It was proposed to conduct research among around 600 families in a specific city of the United States. From this survey, the following facts and figures emerged. Surprisingly, the results of the survey showed that it is a very small child group of age lesser...
Pages: 8 (2000 words) , Research Paper , Psychology
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