The injured worker suffered a fractured foot and a back injury when handling the timber posts. One year after the accident, the worker decides to bring a negligence claim against ‘Bricks to Homes’; as a result, the organisation is planning its defence Assuming that the Judge rules in favour of the worker, what would they consider when setting the damages
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The injured worker suffered a fractured foot and a back injury when handling the timber posts. One year after the accident, the worker decides to bring a negligence claim against ‘Bricks to Homes’; as a result, the organisation is planning its defence Assuming that the Judge rules in favour of the worker, what would they consider when setting the damages
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- In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsDefine Negligence.
- Assume for the purposes of this part of the question that Cherie is able to play, but trips and falls on some loose flooring and twists her ankle badly. One of the council employees tells her that the flooring has been loose for some time and should have been repaired. Explain the following: What is the legal case that Cherie could take against the Council? (Give full details of the principles and how they would apply in this scenario). If Cherie commenced an action, what remedies would she be seeking?Discuss, In arbitration, what is the standard of proof in a discharge case?5
- What is the legal definition of Minor Breach and Material Breach? What are the legal ramifications of both? May the non-breaching party rescind the contract with either breach.Hello, I am in need of assistance to answer the following question in tort law (according to English Law): Graham was employed as a waiter. He prided himself on his physical appearance and his ability to carry trays and dishes with dexterity and professionalism. He developed a tremor in his arm, which affected his ability to carry out these tasks, and consulted Dr Holly about the problem. Dr Holly recommended a surgical intervention in an area of the brain from where she felt that the tremor was emanating. She warned Graham about the 1% risk of stroke associated with the operation. However, she did not inform Graham of the facts that (1) there was a new pharmaceutical drug available on the market which might alleviate the tremor and which had a 0% risk of stroke, or that (2) the surgical procedure also had a 1% risk of affecting nerves around that area of the brain stem which could affect bodily functions such as continence. Graham underwent the operation. He was left incontinent, and…Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disability
- Artist James Daugherty painted six murals on the walls of the public high school in Stamford, Connecticut. Many years later, the city began to restore its high school. The architect and school officials agreed that the Daugherty murals should be preserved. They arranged for the construction workers to remove the murals to prevent harm. By accident, the workers rolled them up and placed them near the trash dumpsters for disposal. A student found the murals and took them home, and later notified the federal government’s General Services Administration (GSA) of his find. The GSA arranged to transport the murals to an art restorer, named Hiram Hoelzer, for storage and eventual restoration, when funds could be arranged. Over 19 years went by before anyone notified the Stamford School system where the murals were. In the meantime, neither the GSA nor anyone else paid Hoelzer for the storage or restoration. By 1989 the murals were valued at $1.25 million by Sotheby’s, an art auction house.…Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…What is the principle of vicarious liability (respondeat superior)?