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Explain what it means to have a duty of care
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First, “duty of care" is one of the elements of a cause of action that occurs when the law recognizes a relationship between two parties. Second, breach of the duty of care is another element that occurs as a result of failure to exercise care in the fulfillment of duties. Causation is the third element in that a breach of the duty of care must be the cause of injury to an injured person in accordance with law. Lastly, damage is an element of a cause of action that can be remedied through the use of money damages.
In Criminal law, causation is one of the elements of a cause of action, which is an inquiry on the damage that is caused by the defendant. A criminal liability that requires a precise outcome might cause a causation problem. Additionally, a problem might arise if the action of the defendant causes the required outcome such as a death of a victim. Furthermore, cases of homicide can influence an emergence of causation problems.
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Warner Bros), it arises from a tragic killing Scott Amedure through the use of a gun on the 9th day of March 1995. In a period of three days prior the occurrence of the incident, the defendant appeared with Amedure in Chicago for an event of Jenny Jones talk show. On the day when the shooting occurred, Schmitz, the defendant found a sexually suggestive note from Amedure on his door step. Therefore, the defendant withdrew some money to purchase some ammunition and a shotgun. The defendant moved to the trailer of Amedure and fired two shots into his chest. The causation in the case was the killing of Amedure as result of the action of writing a sexually appealing letter to
A well-nourished, well-developed Hispanic female named Anna Garcia standing at 65 inches, 165 pounds and in her late thirties was found dead in her house after her concerned neighbor Doug Greene was suspicions as to why she didn't take her dog out like she did normally, and why the dog was barking constantly for two hours. The police received a call from Greene on August 31st at 9:45 am and arrived at the crime scene at 9:56am.The police found Anna lying face down in the hallway. Authorities observed a pool of blood around her head and some vomit beside her. It was 73 degrees inside Anna’s house, while it was 92 degrees outside. Anna was last seen alive by her former husband, Alex Garcia the night before her death. Investigators measured her rectal temperature, and came to a conclusion that she died at 7:00 am in that same morning. A medical examiner was also called to perform an autopsy to see what really caused Anna's death.
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
When conducting research for my project, I came across a website that contained a few primary sources regarding the Salem Witch Trials. One of these primary sources was the photo of a legal document explaining the death warrant and reasons for execution of a woman named Bridget Bishop. Bishop was claimed to be a witch in Salem during the year 1692, and the document explaining her significance involving witchcraft resides in the Peabody Essex Museum in Salem, Massachusetts. My thesis for this primary source is that the judge and jury believed they were seeking justice by executing Bishop, a woman whose death was truthfully based on her differences as a person rather than actual crimes she committed.
The court’s decision based on the treatment of young people in this case emphasizes on the concept of social justice, which means the fair allocation of wealth, resources and opportunity between members in a society. The appellant in this case, Louise Gosselin, was unemployed and under the age of 30. She challenged the Quebec Social Aid Act of 1984 on the basis that it violated section 7 of her security rights, section 15 of her equality rights in the Canadian Charter of Rights and Freedoms and section 45 of the Quebec Charter of Human Rights and Freedoms. For the purpose of this essay, we shall explore the jurisprudence analysis of section 7 and section 15 of the Canadian Charter of Rights and Freedoms. Section 7 states that everyone has the
Carla Washburn, an incredible, inspirational woman that has sadly witnessed the 3 closest male figures in her life all pass on. This has resulted in Carla becoming depressed over the unbearable experience. Carla embraced in giving back to the community and that’s not surprising because she’s a person of spirituality. While, Carla is the client and is suffering through grief, it’s likely she’d benefit immensely from creating a program to work with the kids in the community and may give her a sense of worth she’s been seeking since these 3 tragedies.
The first component of the four D’s of negligence is duty. The dentist owed a duty of care to every one of his patients. Duty of care is a legal obligation a health care worker, in this case, the dentist, owes to their patient and, at times,...
“Threats of workplace violence and aggression have emerged as important and very serious safety and health issue in today’s workplace” (van Emmerik, Euwema, & Bakker, p. 152, 2007). With this thought in mind, the intent of this case assignment is to analyze the situation of Betty Smith a newly acquired HR (human resource) Director at Company XYZ in regards to workplace violence. Hence, the CEO of Company XYZ inquires of Betty on what strategies can be implemented to prohibit such a calamity. Thus, Betty contacts a Senior Professional in Human Resources (SPHR) for their advice. That being the case, this paper will annotate some potential questions her friend would ask regarding the situation. Moreover, I will communicate my thoughts on
The case study I have decided to research and report about is case study 6-2. This case regards the 12 year old girl that is mature, informed and is choosing to refuse a cardiac transplant. This is the case that has stood out to me this semester so far. This is a very interesting case, principles clash and the circumstance is very unique. The transplant surgeon, Dr. Hamid, wants the 12-year-old Emma Ogden, to go through a heart transplant. Emma suffered from a congenital heart defect that had led her to be operated over forty times in her life.
Wendy Peterson was recently appointed as VP of sales in the Plano, Texas, office of AccountBack, an accounting software and services company. Upon taking on this new role Wendy was presented with some aggressive sales target goals for the upcoming fiscal year. Wendy developed a plan that would help her branch exceed that goal, but she would need to venture into an untapped market. This particular market was very promising and catered mostly to the Asian community.
Jenny and her husband, Tom, were married for 10 years. They were very happy, or so it seemed. Tom had been cheating on Jenny with his mistress, Jennifer. Jenny would have never suspected that her husband was ever cheating on her, but his mistress called Tom’s cell phone asking him if he was coming to see her. Jenny answered the phone because Tom was sleeping. Jenny pretended like she didn’t know anything about it. When Tom told her he had to work late the next day she called his job, that day, to see if he really was working late the next day, they said he wasn’t scheduled to work at all. So, while her husband was watching TV Jenny told him she was going to the store to get some things. In reality, she went out to the driveway and tampered with the brakes on his car.
The requirements for legal causation is that it must be a factual cause but most importantly, it must be ‘proximate’ . The grounds for whether an act is proximate is the test that
Issues such as causation, responsibility, retribution and reasonableness are a few areas of concentration (May, p. 303). Much modern thought on causation in the law rest on the contention that the statement that someone has caused harm either means no more than that the harm would not have happened without ("but for") his /her action (May, p, 308). To demonstrate causation in tort law, the claimant must establish that the loss they have suffered was caused by the defendant. In most cases a simple application of the 'but for' test will resolve the question of causation in tort law. I.e. 'but for' the defendant's actions, would the claimant have suffered the loss? If yes, the defendant is not liable. If no, the defendant is liable. Causation may be problematic where there exists more than one possible cause (lawresources, 2017). Every event which would not have happened if an earlier event had not happened is the consequences of that earlier event. Some lawyers have been known to say this is "the philosophical doctrine" (May, p.
According Bohm & Haley (2012), the seven elements of crime are harm, legality, actus reus, mens rea, causation, concurrence, and punishment. All seven elements must be committed in order for an act to be considered a crime. Harm is considered the external consequence required to make an action a crime. Legality is the requirement that harm must be legally forbidden for the behavior to be a crime and that the law must not be retroactive. Intentional or criminal negligent actions or interactions that cause harm are considered actus reus. A guilty state of mind or criminal intent is referred to as mens rea. Causation is criminal harm leading to harm without a long delay. With concurrence, the criminal act and the criminal
One such example is the “domino effect,” where one event sets off another, and then another, and the chain will continue until an event, or conclusion, occurs. Yet another frequent concept is the “powder keg” theory. Events continue to swirl tumultuously together, and additional incidents continue to fall into the keg, or, literally, to be added into the fray. Sooner or later, a spark, in the guise of a law, an event, or a person, will set off a larger and more impacting historical event. These are prime examples of causation, or “cause and effect” scenarios. Causation demands a move away from assuming that the immediate cause should be emphasized and solely blamed for a historical event. It is suggested that a “chain of development” links various elements or events together, leading to one grand event. This is entirely correct. Irrational, superficial attitudes, which state that...
The ‘but for’ test laid out by McHugh J in Royall asks whether the victim would not be dead ‘but for’ the accused’s behavior then he or she is the factual causation. The prosecution may argue that Daniel would not be dead ‘but for’ Jessica’s act of admistrating incorrect medication. The defence may find that ‘but for’ Robert’s omission, Daniel would not be dead. Causation requires Jessica to have legal or causal responsibility for the death as well asfacutal. The tests for legal and causal responability are substantial or significant causal effect, natural consequences and reasonably foreseeability: R v Royall.