Tort of Negligence Essay Example for Free

Tort of Negligence Essay Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1 duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result of the breach. The bank operators have a duty of care towards the customers if they should have known about the danger around the workplace. in other words, the operators have to consider the likelihood of occurrence before suffered injury. The duty of the bank in this situation was that take such care for safety as was reasonable in the circumstances, and to protect that customers from risk of injury which could be foreseen and avoided. The result of some negligence cases was depend on whether defendant owed the plaintiff a duty of care or not. In this scenario, the plaintiff was a elderly man who slip and fall on the floor holding his knee and obviously in pain. did Sam(trainee employee), the manager or the corporation owe a duty of care to the customer(the elderly man)? And did they breach their duty of care? Was the brank corporation and the Adelaide branch manager liable for the negligence of its employees(sam) In this case, the elderly man in order to achieve a successful outcome in this situation have to prove the bank owed a duty to its customer and breach that duty, then also need to prove that the bank breach of the duty caused the elderly man injury and that the injury caused he damages. In other words, but for the defendants actions, the elderly mans injury would not have occurred. The injury must have been reasonably foreseeable by the defendant, not the elderly man because of he could not be able to foresee the risk and never put themselves in danger. Since the elderly man slipped and fell near the entrance, and as a result of that slip and fall, he injured his knee. And also found out that the water was on the floor without cleaned up, and there was no sign warning customers of the slippery. The court may be more likely to find that the defendant owed a duty to the old man. Especially Sam and other trainee were not concerned about the elderly man.the court should be consider that Bank for as a financial business service organizations, its should be guaranteed the safety of the customers around the workplace. However, on the other hand, the elderly man need to catch the bus and run up also leads to slip and fall. in this regard he has a part of responsibility which should reduce the liability of bank. Here is a negligence case that similarly to this scenario that may helpful to analysis this case. Strong v Wool-worths Limited [2012] HCA 5[2]: High Court confirms retailers responsibility for slipping hazard. Ms Strong were disabled and required to use crutches to walking in the shopping Centre and she was suffered injury. her crutch touch a greasy chip that was lying on the floor. She slipped and fell and injury seriously. In the prime of case, the court judge-ment dismissed due to the powerless prove that wool-worths caused he damages. In especial there was no evidence that knowing exactly how long the chip had lying on the floor. However, she appealed in the high court and it was successful because of the court found the prove that the Wool-worths ‘s responsible area had not been check up in the 4 hours between the store opening and the time of Ms strong slip and fall. Wool-worths done’t have a sufficient system of cleaning and check up without a doubt. Finally, the both cases are negligent case and both regard to slip and fall. It could be a very helpful reference for this case, that the court might more likely to In favor of the plaintiff. Issue 2 Negligent misstatement In this scenario, Global Banking Corporation decides to hire more new trainees that could be reduce the salaries costs and also give the opportunity to young people. The Adelaide branch arrange its new junior recruits on its enquiry desk to serve new and existing customers. two weeks ago, the manager was really satisfied. From the current situation, The new staff are young and enthusiastic and situation was excellent and surprised. But if we follow the situation that had developed we could found that since new recruits just like Sam was young and lack experience, they might Looks efficient, but the quality of answers was low in fact. And the trainee giving advice to customers actually owes a duty of care seriously which because that they should know that the elderly man(plaintiff) intends to rely on the advice and the advice is a serious nature that the elderly man can not afford the risk obviously. it is hard to believe that they have enough strength of explanation to offer professi onal and accurate advice for the investors especially for the investment consultancy work. Finally, the legal status of trainee remains controversial. Sometimes can not properly protect their legitimate rights like the corporation whether follow the minimum salary rules. Issue 3 Vicarious Liability Was the brank corporation and the Adelaide branch manager liable for the negligence of its employees(sam)ï ¼Å¸According to the common law that vicarious liability is expressed in three main forms, there are Employability, the principal responsibility and parental responsibility. In this case, the elderly man can sue the employees or the owner. if the employee injure the customers during their employment, the employer should be take the responsibility. Most of the victims sued the latter, this is a very practical approach, because the employer often rich than their employees. Question 2 Discuss possible defence and other legal principles which might be raised to avoid or lessen liability, having regard to all the facts. A successful defense for the defendant could be exempt all or part of the damages liability. Therefore, an effective defense is to prove that the defendant did not infringing. In this case, to establish contributory negligence that the plaintiff was negligence in failing to look after themselves. the elderly man need to catch the bus and run up also leads to slip and fall. in this regard he has a part of responsibility which should reduce the liability of bank. Is worth mentioning that the standard of the contributory negligence has been criticized for being too harsh in Western countries. This is because sometimes the fault of plaintiff is much smaller than defendant have. Of course, the comparative negligence principle has been criticized too, which is due to if someone who filed a lawsuit in order to obtain the 2% of the damages and the remaining 98% was due to their own recklessness or negligence, the jury often compassion for the weak and support the proceedings thus lose their the principle of fairness.

Euthanasia and Assisted Suicide - Who Wants It? :: Euthanasia Physician Assisted Suicide

Euthanasia - Who Wants It?      Ã‚  Ã‚   In Los Angeles, former respiratory therapist Efren Saldivar was charged with six counts of murder in January for allegedly giving lethal injections to patients at Glendale Adventist Medical Center in 1996 and 1997. Saldivar has reportedly called himself an "angel of death" and confessed in 1998 to hastening "anywhere from 100 to 200" deaths, but later retracted the confession. He is also the plaintiff in several civil suits for wrongful death, though some of these have been dismissed for lack of evidence. A hearing in his criminal trial is scheduled for the end of March [Los Angeles Times, 3/10/01, 1/13/01, 1/11/01].    In Springfield, Massachusetts, jury deliberations began February 23 in what has been called one of the most sensational murder cases in western Massachusetts history. Kristen H. Gilbert, a 33-year-old nurse, is accused of killing four patients at the Veterans Affairs Medical Center in Northampton and trying to kill three others in 1995 and 1996, using unauthorized injections of adrenaline [Springfield Union-News, 2/25].    Cases of involuntary euthanasia keep making headlines, but who wants it?    Certainly not the elderly and terminally ill. Numerous studies have established that the Americans most directly affected by the issue of physician-assisted suicide -- those who are frail, elderly and suffering from terminal illness -- are also more opposed to legalizing the practice than others are:    * A poll conducted for the Washington Post on March 22-26, 1996, found 50% support for legalizing physician-assisted suicide (Washington A18) Voters aged 35-44 supported legalization, 57% to 33%. But these figures reversed for voters aged 65 and older, who opposed legalization 54% to 38%. Majority opposition was also found among those with incomes under $15,000 (54%), and black Americans (70%).    * An August 1993 Roper poll funded by the Hemlock Society and other euthanasia supporters indicated that voters aged 18-29 supported "physician-aided suicide" 47% to 35%; voters aged 60 and older opposed it 45% to 35%. Hemlock's newsletter commented that "the younger the person, the more likely he or she is to favor this legislation." The newsletter added that "this is somewhat at odds with how Hemlock views its membership," since it sees itself as defending the interests of elderly citizens. (Humphry; Poll 9) A study of cancer patients found that terminally ill patients experiencing significant pain are more opposed to physician-assisted suicide than other terminally ill patients or the general public.

Early Marriage Essay

1. Introduction Marriage, as a fundamental social and cultural institution and as the most common milieu for bearing and rearing children, profoundly shapes sexual behaviours and practices. It is undeniable that early marriage is a controversial yet hot topic that gets the attention of the professionals across many fields such as economy, psychology and sociology. The age at first marriage variegates across the globe. Being married before the age of 18 has been a social norm in third world countries [refer to Appendix A]. The percentage of women being married before age 8 is estimated from 20 to 50 percent in average in developing countries Ooyce, et al. , 2001). But then, developed countries are unlikely to experience the resembling pattern of matrimony. The marital union is normally delayed too long although this practise is believed to bring the most apparent reason for the breakdown in sexual ethics (Orsi, 2001). Out of its wealth and egoistic, western society chooses to marry later in life until they have built a decent maturity in age, education and financial state. As early marriage is widely practiced in developing countries, a global issue has risen as to whether early marriage does really hinder self development due to the consequences it brings to young girls. The practice is believed to bring several benefits to some extent. However, the adverse effects it brings can impede the self- development of young adolescences in many aspects including health consequences, character building and education as well as career opportunities. 1. 2 Purpose of Research The main purpose of this research is to discover students’ opinion about early marriage. Do they agree with early marriage or not. The second goal is to know hether early marriage brings either benefits or harms to students. Even though early marriage is already becoming a social norm in the third world countries [refer to Appendix A] the society still does not fully aware of this phenomenon. Thus the third goal of this research is to increase the awareness of the society regarding early marriage. 1. 3 Method of Research For the purpose of this research, relevant information was obtained from internet and books. This report is divided into several parts such as background information, factors that lead to early marriage, advantages and disadvantages of early marriage, s well as either early marriage can impede self development of young adolescence or not. A set of questionnaire will be distributed to 35 SAM student of INTI as it is the best measurement scale to gain people’s response without anyone sitting on the fence (Faculty Senate Advancement of Teaching (AOT) Committee, 2004). An interview also will be conducted as part of the research techniques

The Earth Charter A Declaration Of Fundamental Principles

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