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Albrighton V RPA Hospital
''Albrighton v RPA Hospital'',''Albrighton v Royal Prince Alfred Hospital'' 9802 NSWLR 542 (29 September 1980) NSW Court of Appeal. is a tort law case concerning the application of the Bolam test for professional negligence. Background Facts Ms Albrighton () was born with kyphoscoliosis and spina bifida which seriously impaired her respiratory function and shortened her life expectancy. In July 1971 she was admitted to Royal Prince Alfred Hospital for corrective surgery intended to straighten and lengthen her spine in a procedure known as halo-pelvic traction. At the hospital she was treated by Dr Harry Tyer, an orthopaedic surgeon. The hospital's consultation sheet recorded on 23 July 1971 that "Dr Tyer would appreciate advice regarding significance of her hairy naevus with respect to spinal pathology and possible dangers to cord of correction of scoliosis by halo-pelvic traction." The frame was attached to her skull and pelvis on 26 July 1971. On that day Professor Richa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ... from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court of New South Wales, Industrial Court, the Land and Environment Court of New South Wales, Land and Environment Court, the District Court of New South Wales, District Court, the Dust Diseases Tribunal of New South Wales, Dust Diseases Tribunal, the Workers Compensation Commission of New South Wales, Workers Compensation Commission, and the Govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omission ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1980 In Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai (or Jingfeng), Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. 24 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Tort Case Law
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Someth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
F V R
''F v R'',''F v R'' (1983) 33 SASR 189 Supreme Court (Full Court) (SA). is a tort law case. It is a seminal case on what information medical professionals have a duty to inform patients of at common law. It pre-dates the decision in ''Rogers v Whitaker'' which substantially followed ''F v R'' by departing from the '' Bolam test'',''Bolam v Friern Hospital Management Committee'' 9571 WLR 582. at common law in regards to the duty of medical professionals to disclose risks to a patient. Background Facts A woman went to her gynaecologist and asked to be sterilised by tubal ligation. The doctor did not warn the woman that there was a less than 1% chance that she would fall pregnant after the operation. The woman had the procedure, but then a process known as recanalisation occurred and she fell pregnant. The woman and her husband sued her gynaecologist for negligence, alleging that the failure to inform them of the risk of pregnancy was a breach of the doctors duty of care. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rogers V Whitaker
Rogers may refer to: Places Canada *Rogers Pass (British Columbia) *Rogers Island (Nunavut) United States * Rogers, Arkansas, a city * Rogers, alternate name of Muroc, California, a former settlement * Rogers, Indiana, an unincorporated community * Rogers, Kansas, an unincorporated community * Rogers, Kentucky, an unincorporated community * Rogers, Minnesota, a city * Rogers, Nebraska, a village * Rogers, New Mexico, an unincorporated community * Rogers, North Dakota, a city * Rogers, Ohio, a village * Rogers, Texas, a town * Rogers, Virginia, an unincorporated community * Petroleum, West Virginia, also known as Rogers, an unincorporated community * Rogers County, Oklahoma * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Brook, Pennsylvania * Rogers Corner, Michigan, an unincorporated community * Rogers Creek (Missouri) * Rogers Creek (Pennsylvania) * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Lake (other) * Mount Rogers, Virginia * R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of England & Wales
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
