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Intentional Plagiarism in Stott's Colleges Bachelor of Business Assessment Cover Sheet

   

Added on  2021-04-17

5 Pages1157 Words489 Views
Stott’s CollegesBachelor of BusinessAssessment Cover SheetSubject: Fundamentals of LawCode: 101Student Name: Raghubir SinghStudent ID: 1029169Email: prince1054@gmail.comPlagiarism means using the ideas of someone else without giving them proper credit. That someone elsemay be an author, critic, journalist, artist, composer, lecturer, tutor or another student. Intentionalplagiarism is a serious form of cheating. Unintentional plagiarism can result if you don’t understand anduse the acceptable scholarly methods of acknowledgment. In either case, the College may imposepenalties which can be very severe.Declaration:“I certify that I can provide a copy of the attached assignment if required.”“I certify that the attached assignment is my own work and that all material drawn from other sourceshas been fully acknowledged.”

Issues:Whether Yvette is liable for negligence towards BenjaminDid Yvette owe higher duty of care towards Benjamin?Can Yvette use any defense against the breach of duty of care?Rules:The tort of negligence may be defined as legal wrong that is caused to a person due to thefailure of the person to exercise reasonable care towards the aggrieved person against any foreseeablerisk that any other reasonable person would have averted if they were in his position (Goldberg, Sebok& Zipursky, 2016). The following are the essential elements of negligence:Duty of care: Those essential segments will secure those regions of a commitment owed towardyou quit offering on that one persnickety should another. As was held in Donoghue v Stevenson[1932] UKHL 100. The person owing a duty of care must act in a way that any responsible personshould act in the given circumstances. Any form of deviation from such conduct would result inan act of negligence (Gordon & MacKay, 2018). Breach of Duty- the defendant fails to exercise the reasonable duty of care that he owed to theplaintiff.Causation- the action or omission of the defendant has resulted in the causation of the injurysustained by the plaintiff;Proximity- a legal proximity or a legal relationship must exist between the parties to establishduty of care of defendant towards the plaintiff.In regards to health care, the health professionals and other medical service providers are obligatedto avert acts or omissions that could be anticipated to cause injury to the clients or patients (Palmer &Maclachlan, 2018). Therefore, such health care providers must foresee such risks and undertakereasonable care to avert such risks (Flynn, 2016).The aggrieved person is entitled to seek damages against the injury sustained due to the breach of duty of care committed by the defendant (Abraham, 2017). The plaintiff shall be entitled to damages if it

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