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Results 1 to 25 of about 301 results.
Search Results - Essays tagged with 'negligence'
| Essay Title | Members Rating |
|---|---|
| What offences has Basil (who is educationally subnormal) committed in the following circumstances? |
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| "A duty of care arises not merely when damage is reasonably foreseeable, but when it is just and reasonable to impose liability" Critically discuss. |
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| "Discuss the different interpretations of 'the Bolam test' (see Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). Critically evaluate the impact of the Bolam test in relation to key cases, particularly with reference to the Bolitho case. |
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| "In a just society criminal liability should never be imposed without some degree of blameworthiness" |
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| "In establishing the standard of professional conduct that ought be reasonably adopted by doctors, common law does little more than articulate standards adopted by doctors themselves, it does not impose those of its own" Discuss |
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| "Negligence" - Business & Cmpany Law |
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| "Since the case of Donoghue v Stevenson (1932) the number of negligence claims have increased markedly. This has consequences not only for the parties involved in the case, but for society in general." |
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| "The 'Standard practice' defence allows too many careless professionals to avoid liability" Discuss |
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| "The categories of negligence are never closed" |
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| "The English Law on when damages can be claimed for psychiatric harm is largely incoherent. The best solution would be either to abolish the right to make such claims altogether or to remove the inconsistencies in the current law". Discuss. |
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| "The general principle remains that a person is not guilty for omitting to do something." Discuss. |
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| "The law relating to the mens rea of murder in England and Wales has now become settled through a series of judicial decisions, which together, have made it unnecessary for Parliament to legislate on the matter" - Critically consider. |
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| "The Nedrick/Woolin direction on intention manages to produce a clear distinction between intention and recklessness - Explain and discuss. |
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| "The rights and interests of parties other than the patient should be better accounted for" Discuss, with reference to the law governing confidentiality and the treatment of incompetent patients. |
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| "The triumph of negligence is a product of industrialisation; it is a disguised subsidy to business." |
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| “The Imposition Of Strict Liability Offences Is A Necessary Evil In The Fight To Protect The Public From Harm” Discuss |
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| 'Actus non facit reum, nisi mens sit rea '- 'An act does not make a person legally liable unless the mind is legally blameworthy'. |
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| 'Criminal law on causation is a mess. The decisions in this area show that courts are really implementing policy decisions about who should be held responsible for crimes.' Discuss. |
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| 'Critically Evaluate the Meaning of the term Recklessness to Describe an Aspect of Mens Rea and explain how it is currently applied to offences in English Law'. |
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| 'In recent times, the House of Lords has given up any attempt to examine causation questions in a systematic manner. If their Lordships feel the claimant deserve compensation they will bend the rules to achieve that result.' |
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| 'Judges have been reluctant to allow economic losses to be claimed for in negligence, and have been careful to restrict the circumstances where such claims will be permitted' - Critically assess this statement. |
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| 'Strict Liability must be retained - It provides social benefits which would not otherwise be obtained and the injuries caused by it are often exaggerated' - Discuss. |
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| 'The current law of intoxication is indefensible as theory and producesindefensible results - We should abolish it completely and rely on the jury to determine what the accused's mental state was at the time of the actus reus.' |
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| 'The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors' judgement of the patient's best interests.' Discuss. |
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| 'The existence of a duty of care is ultimately a question of policy'. Discuss. |
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